(PC) Birrell v. Fox ( 2022 )

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., No. 2:16-cv-1818 KJM CKD P 12 Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT W. FOX, 15 Defendant. 16 17 On August 4, 2022, the court ordered that plaintiff David Wesley Birrell file a response to 18 the court’s June 29, 2022 order by September 2, 2022. Plaintiff Birrell was warned that failure to 19 do so would result in a recommendation that plaintiff Birrell be dismissed. Plaintiff Birrell has 20 not complied with the court’s August 4, 2022 order. 21 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff Birrell be dismissed. See 22 Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff Birrell may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 27 Findings and Recommendations.” Plaintiff Birrell is advised that failure to file objections 28 ///// 1 | within the specified time waives the right to appeal the District Court’s order. Martinez v. □□□□□ 2 | 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: September 14, 2022 aie } Kt | [2 , a sia 4 CAROLYN K DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 | 1 birrl818.fs 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28