Opinion
1:20-cv-0131 JLT EPG
03-22-2023
EDMUND PAUL PRICE, Plaintiff, v. ALVARADO, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR SANCTIONS
(DOC. 79)
Edmond Paul Price seeks to hold the defendants liable for violations of his civil rights he suffered while he was incarcerated at the Substance Abuse Treatment Facility at Corcoran. (See generally Doc. 1.) Defendants seek the imposition of sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure, asserting that Price failed to comply with the Court's orders and has not provided Court-ordered discovery responses. (Doc. 68.)
On March 2, 2023, the assigned magistrate judge observed that Price asserted “his mail regarding this case is not being processed properly.” (Doc. 79 at 4.) For example, the magistrate judge noted “[Price] contends that he has sent responses to Defendants' discovery responses, has filed a motion to compel with the Court, and has not received several documents regarding this case.” (Id.) Upon reviewing the record, the magistrate judge found that “the Court is unable to determine that Plaintiff's failure to provide discovery responses and comply with the Court's orders was willful, in bad faith, or due to circumstances within his control.” (Id.) Therefore, the magistrate judge recommended the motion for sanctions be denied. (Id. at 5.)
The Findings and Recommendations were served on all parties on March 2, 2023 and it notified the parties that any objections were to be filed within 14 days after service. (Doc. 79 at 5, 6.) In addition, the parties were informed the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. at 6, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No party filed objections, and the time to do so has expired.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are supported by the record and by proper analysis. Accordingly, the Court ORDERS:
1. The Findings and Recommendations issued on March 2, 2023 (Doc. 79), are ADOPTED in full.
2. Defendants' motion for sanctions (Doc. 68), is DENIED.
3. This action is referred to the magistrate judge for further proceedings.
IT IS SO ORDERED.