Birrell, et al., v. Fox, et al.,

Filing 61

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/4/2022 RECOMMENDING plaintiffs Deegan, Toussaint, Moore, Alvarez, Lownes and Alford be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL, et al.,

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No. 2:16-cv-1818 KJM CKD P

Plaintiffs,
v.

FINDINGS AND RECOMMENDATIONS

ROBERT W. FOX,
Defendant.

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Plaintiffs are state prisoners proceeding pro se and individually. On May 10, 2019, this

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matter was stayed to permit plaintiffs to find representation. On June 29, 2022, the court ordered

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that, within 21days, plaintiffs file a status report indicating whether they have obtained counsel

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and, if not, whether they wish to pursue this matter pro se. Plaintiffs were warned that failure to

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respond to this order will result in a recommendation that this action be dismissed. Plaintiffs

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Deegan, Toussaint, Moore, Alvarez, Lownes and Alford have not responded to the court’s order.

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In accordance with the above, IT IS HEREBY RECOMMENDED that plaintiffs Deegan,

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Toussaint, Moore, Alvarez, Lownes and Alford be dismissed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 4, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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birr1818.frs

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