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

Filing 87

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/26/2023 RECOMMENDING this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Daniel J. Calabretta; 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 DJC CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

ROBERT W. FOX, et al.,
Defendants.

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Plaintiff Alford, the only remaining plaintiff in this action, is a state prisoner proceeding

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pro se with a civil action. On July 12, 2023, defendant Fox, the only remaining defendant, filed a

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motion for judgment on the pleadings. On August 15, 2023, plaintiff Alford was ordered to file

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an opposition or a statement of non-opposition to the pending motion within thirty days. In the

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same order, plaintiff was informed that failure to file an opposition would result in a

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recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day

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period has now expired, and plaintiff has not responded to the court’s order.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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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 filed and served 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: September 26, 2023
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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birr1818.46fr

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