-JFM (HC) Overton v. Warden of CMF Vacaville, No. 2:2011cv01646 - Document 10 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 09/13/11 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be dismissed w/o prejudice; Objections to these F&Rs due w/i 14 days; referred to Judge Lawrence K. Karlton. (Benson, A.)
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-JFM (HC) Overton v. Warden of CMF Vacaville 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 15 16 Plaintiff, No. 2:11-cv-1646 LKK JFM (PC) vs. WARDEN, CMF VACAVILLE, Defendant. FINDINGS & RECOMMENDATIONS / By order filed July 29, 2011, plaintiff was granted thirty days in which to file a 17 complaint. In addition, plaintiff was granted thirty days in which to either file an application to 18 proceed in forma pauperis or to pay the $350.00 filing fee for this action. The thirty day period 19 has now expired, and plaintiff has not filed an amended complaint or an in forma pauperis 20 application, nor has he paid the filing fee or otherwise responded to the court’s order. 21 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: September 13, 2011. 6 7 8 9 10 12 over1646.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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