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

Filing 88

ORDER signed by District Judge Daniel J. Calabretta on 2/23/24 ADOPTING in full 87 Findings and Recommendations and DISMISSING this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.CASE CLOSED (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID WESLEY BIRRELL, et al.,

12

Plaintiffs,

13
14

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

v.

ORDER

ROBERT W. FOX, et al.,

15

Defendants.

16
Plaintiff Alford is a state prisoner proceeding pro se with a civil action. The

17
18

matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

19

§ 636(b)(1)(B) and Local Rule 302.
On September 26, 2023, the Magistrate Judge filed findings and

20
21

recommendations herein which were served on the remaining parties and which

22

contained notice that any objections to the findings and recommendations were to be

23

filed within fourteen days. No objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

24
25

304, this Court has conducted a de novo review of this case. Having carefully

26

reviewed the entire file, the Court finds the findings and recommendations to be

27

supported by the record and by proper analysis.

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed September 26, 2023, are adopted

3
4
5
6

in full; and
2. This action is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure.
3. The Clerk of the Court is directed to close this case.

7
8
9

IT IS SO ORDERED.
Dated:

February 23, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15

birr1818.804

16
17
18
19
20
21
22
23
24
25
26
27
28
2