1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY PAUL SMITH, No. 2:21-cv-01992 DJC AC 12 Plaintiff, 13 v. ORDER 14 MUNICIPALTY OF FRESNO COUNTY, et al., 15 Defendants. 16

17 18 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action 19 seeking relief under

. The matter was referred to a United States 20 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 21 On May 21, 2024, the Magistrate Judge filed findings and recommendations 22 herein which were served on all parties and which contained notice to all parties that 23 any objections to the findings and recommendations were to be filed within fourteen 24 days. (ECF No. 155.) Neither party filed objections to the findings and 25 recommendations. 26 The Court has reviewed the file and finds the findings and recommendations to 27 be supported by the record and by the Magistrate Judge’s analysis. Having 28 considered the factors in Ferdik v. Bonzelet,

(9th Cir. 1992) the 1 | Court finds that dismissal is appropriate. Given the significant time and resources that 2 | have been devoted to this case, however, the Court will dismiss this action with 3 | prejudice. As this was not the recommendation of the Magistrate Judge, the Court 4 | issued an Order to Show Cause why the case should not be dismissed with prejudice. 5 | (ECF No. 156.) Plaintiff did not file a response. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. The Findings and Recommendations of the Magistrate Judge (ECF No. 155) 8 are ADOPTED IN PART. 9 2. This action is DISMISSED WITH PREJUDICE pursuant to Federal Ruel of Civil 10 Procedure 41(b). 11 3. The pending motions for summary judgment (ECF Nos. 135, 144) are 12 DENIED AS MOOT. 13 4. The Clerk of the Court is directed to close this case. 14 15 16 IT IS SO ORDERED. 17 | Dated: _ August 12, 2024 “Dane A Ch brett Hon. Daniel alabretta 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 | smit1992.801 26 27 28