(PC) Smith v. Cambpell et al, No. 1:2019cv00271 - Document 40 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 38 Findings and Recommendations Recommending Denying 34 Motion for Relief from Judgment and Recommending Dismissal with Prejudice for Bad Faith Conduct signed by District Judge Anthony W. Ishii on 04/13/2021. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE CHRISTOPHER SMITH, 12 Plaintiff, 13 14 v. CAMBPELL, et al., 15 No. 1:19-cv-00271-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING MOTION FOR RELIEF FROM JUDGMENT AND RECOMMENDING DISMISSAL WITH PREJUDICE FOR BAD FAITH CONDUCT Defendants. (ECF No. 38) 16 17 Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se 18 and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On March 17, 2021, the assigned Magistrate Judge issued findings and recommendations 22 recommending that Plaintiff’s motion for relief from judgment be denied and that this case be 23 dismissed with prejudice for bad faith conduct. (ECF No. 38.) The Magistrate Judge found that 24 terminating sanctions were appropriate due to Plaintiff’s bad faith conduct in this case and other 25 companion cases before the Court. (Id.) Plaintiff filed objections to the findings and 26 recommendations on April 8, 2021. (ECF No. 39.) 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s 1 1 objections, the Court finds the findings and recommendations to be supported by the record and 2 by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. The findings and recommendations issued on March 17, 2021, (ECF No. 38), are 5 adopted in full; 6 2. Plaintiff’s motion for relief from judgment, (ECF No. 34), is denied; 7 3. This action is dismissed, with prejudice, due to Plaintiff’s bad faith conduct; and 8 4. The Clerk of the Court is directed to close this case and terminate all other pending 9 motions and deadlines. 10 11 12 IT IS SO ORDERED. Dated: April 13, 2021 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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