-JFM (HC) Overton v. Warden of CMF Vacaville, No. 2:2011cv01646 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge John F. Moulds on 10/11/11 ORDERING that 9 Motion is DENIED; 10 Findings and Recommendations are VACATED; Plaintiff is granted one final period of 30 days from 10/10/11 in which to comply with this courts 7/29/11 order; and Clerk of the Court is directed to send plaintiff a copy of the 7/29/11 order with service of this order.(Dillon, M)

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-JFM (HC) Overton v. Warden of CMF Vacaville Doc. 12 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 Plaintiff, 12 13 No. 2:11-cv-1646 LKK JFM (PC) vs. WARDEN, CMF VACAVILLE, 14 Defendant. 15 ORDER / 16 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 expired without plaintiff filing an amended complaint or an in forma pauperis application or 20 paying the filing fee, or otherwise responding to the court’s order. For that reason, on September 21 13, 2011, this court issued findings and recommendations recommending that this action be 22 dismissed without prejudice. 23 On September 22, 2011, plaintiff filed objections to the findings and 24 recommendations. Plaintiff asserts that the prison law library was closed during the period from 25 ///// 26 ///// 1 Dockets.Justia.com 1 July 20, 2011 to August 14, 2011. Plaintiff requests an opportunity to comply with the July 29, 2 2011 order, which he still has not done.1 3 Good cause appearing, the findings and recommendations will be vacated, and 4 plaintiff will be given one additional period in which to comply with the July 29, 2011 order. 5 The court does not intend to extend this deadline. 6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s September 8, 2011 motion is denied; 8 2. The findings and recommendations filed September 13, 2011 are vacated; 9 3. Plaintiff is granted one final period of thirty days from October 10, 2011 in 10 which to comply with this court’s July 29, 2011 order; and 11 4. The Clerk of the Court is directed to send plaintiff a copy of the July 29, 2011 12 order with service of this order. 13 DATED: October 11, 2011. 14 15 16 17 18 12 over1646.vac 19 20 21 22 23 24 1 25 26 On September 8, 2011, plaintiff filed a document styled as a motion for a summons and complaint. The court will not make any orders for service of process unless and until plaintiff complies with the July 29, 2011 order, and unless until plaintiff files a complaint that contains one or more cognizable claims for relief. Plaintiff’s September 8, 2011 motion will be denied. 2

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