FILED NOT FOR PUBLICATION JUL 20 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ALLEN E. ORR, No. 08-56364 Plaintiff - Appellant, D.C. No. 8:07-cv-00434-AG-MLG v. MEMORANDUM * ORANGE COUNTY SHERIFF’S DEPARTMENT; et al., Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Allen E. Orr died while this appeal was pending, and his apparent next-of- kin have not responded to the Court’s order informing them that if they wish to

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). prosecute Orr’s appeal, they must file a notice of appearance. Therefore, the appeal is dismissed. See Fed. R. App. P. 43.

DISMISSED.

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