(PC) Smith v. Aubuchon, et al., No. 2:2014cv00775 - Document 155 (E.D. Cal. 2020)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 10/5/2020 ADOPTING in full 137 Findings and Recommendations and GRANTING 129 defendants' Motion for Summary Judgment. The Clerk is directed to enter judgment. CASE CLOSED (Kastilahn, A)
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(PC) Smith v. Aubuchon, et al. Doc. 155 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GRANVILLE WILLIAM SMITH, IV, 12 Plaintiff, 13 14 No. 2:14-CV-0775-KJM-DMC-P v. ORDER B. AUBUCHON, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On March 31, 2020, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. Through four separate orders, the court has granted 23 plaintiff 120 additional days to file objections. See ECF Nos. 139, 141, 144, and 147. However, 24 plaintiff did not file timely objections to the findings and recommendations. He has belatedly 25 filed two sets of documents he styles as objections, including one he is “submitting under duress.” 26 ECF Nos. 152, 154; see also ECF No. 153 (confirming untimeliness in denying further extension 27 request). The court disregards both sets of objections under these circumstances. See Turner v. 28 ///// 1 Dockets.Justia.com 1 Duncan, 158 F.3d 449, 455 (9th Cir.1998) (holding failure to timely object to a magistrate judge’s 2 recommendation waives all objections to magistrate judge’s findings of fact). 3 4 The court has reviewed the file and finds the findings and recommendations to be supported by the record and the Magistrate Judge’s analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed March 31, 2020, are adopted in 8 2. Defendants’ motion for summary judgment (ECF No. 129) is granted; and 9 3. The Clerk of the Court is directed to enter judgment and close this file. 7 10 full; DATED: October 5, 2020. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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