Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WESLEY BIRRELL, et al., No. 2:16-cv-1818 DJC CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROBERT W. FOX, et al., Defendants. 16 Plaintiff Alford, the only remaining plaintiff in this action, is a state prisoner proceeding pro se with a civil action. On July 12, 2023, defendant Fox, the only remaining defendant, filed a motion for judgment on the pleadings. On August 15, 2023, plaintiff Alford was ordered to file an opposition or a statement of non-opposition to the pending motion within thirty days. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). These findings…