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

Filing 78

ORDER signed by Chief District Judge Kimberly J. Mueller on 03/06/23 VACATING 70 72 Judgment as to plaintiff Alford; Clerk to RE-SERVE 61 08/04/22 F&Rs on plaintiff Alford; Alford has 21 days to file objections to said F&Rs. (Benson, A.)

Case 2:16-cv-01818-KJM-CKD Document 78 Filed 03/06/23 Page 1 of 2
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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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Plaintiffs,

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No. 2:16-cv-01818 KJM CKD P

v.

ORDER

ROBERT W. FOX, et al.,

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Defendants.

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On August 4, 2022, the assigned magistrate judge issued findings and recommendations

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(ECF No. 61) recommending, among other things, that plaintiff Alford be dismissed. On

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January 17, 2023, the court adopted the recommendation and plaintiff Alford was dismissed.

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ECF No. 70. On January 27, 2023, plaintiff Alford filed a document in which plaintiff Alford

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indicates he never received a copy of the magistrate judge’s August 4, 2022 findings and

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recommendations and therefore was never permitted the opportunity to object to dismissal as

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provided for in the August 4, 2022 findings and recommendations.

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Case 2:16-cv-01818-KJM-CKD Document 78 Filed 03/06/23 Page 2 of 2
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Good cause appearing, IT IS HEREBY ORDERED:

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1. Judgment is vacated with respect to plaintiff Alford.

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2. The Clerk of the Court is directed to re-serve the August 4, 2022 findings and

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recommendations (ECF No. 61) upon plaintiff Alford.
3. Plaintiff Alford is granted 21 days within which to file objections to the August 4,

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2022 findings and recommendations. Failure to timely object may result in dismissal of plaintiff

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from this action.

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DATED: March 6, 2023.

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