(PC) Williams v. Parsells, No. 2:2022cv00514 - Document 51 (E.D. Cal. 2023)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/23 ADOPTING 48 Findings and Recommendations in full, GRANTING 41 Motion for Terminating Sanctions and DISMISSING action with prejudice. CASE CLOSED (Benson, A.)

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(PC) Williams v. Parsells Doc. 51 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANCE WILLIAMS, 12 Plaintiff, 13 v. 14 R. PARSELLS, 15 No. 2:22-cv-0514 KJM KJN P ORDER Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 23, 2023, the magistrate judge filed findings and recommendations, which 21 were served on all parties, and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff filed objections to 23 the findings and recommendations. Defendant filed a reply. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. The 27 Magistrate Judge correctly identified and balanced the relevant factors, which weigh in favor of 28 dismissal as a sanction for plaintiffs’ repeated failure to attend his deposition. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 23, 2023, are adopted in full; 3 2. Defendant’s motion for terminating sanctions (ECF No. 41) is granted; 4 3. This action is dismissed with prejudice; and 5 4. The Clerk of Court is directed to close this case. 6 DATED: December 28, 2023. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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