(PC) Overton v. Warden, No. 2:2012cv01575 - Document 10 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/27/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due by within 14 days. (Michel, G)
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(PC) Overton v. Warden Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. OVERTON, 11 12 13 14 Plaintiff, No. 2:12-cv-1575 MCE KJN P Defendants. FINDINGS AND RECOMMENDATIONS vs. WARDEN, 15 / 16 By an order filed June 21, 2012, plaintiff was ordered to file an in forma pauperis 17 affidavit or pay the appropriate filing fee within thirty days, and was cautioned that failure to do 18 so may result in the dismissal of this action. The thirty day period has now expired, and plaintiff 19 has not responded to the court’s order, and has not filed an in forma pauperis affidavit or paid the 20 appropriate filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this action be 21 dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: July 27, 2012 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 over1575.fpf 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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