(PC) Overton v. Warden - CMF et al, No. 2:2012cv01649 - Document 12 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/21/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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(PC) Overton v. Warden - CMF et al Doc. 12 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL LOUIS OVERTON, Plaintiff, 10 11 vs. 12 No. 2:12-cv-1649 MCE AC P WARDEN – CMF, 13 14 15 Defendant. FINDINGS AND RECOMMENDATIONS / On October 17, 2012, the court denied plaintiff’s application to proceed in forma 16 pauperis. See Doc. No. 10. The court ordered plaintiff to pay the filing fee within twenty-one 17 days, and directed that, should plaintiff fail to do so, this action would be dismissed. The 18 twenty-one day period has now expired, and plaintiff has not paid the filing fee or otherwise 19 responded to the court’s October 17, 2012 order. 20 21 22 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 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, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 1 Dockets.Justia.com 1 shall be served and filed within fourteen days after service of the objections. The parties are 2 advised that failure to file objections within the specified time may waive the right to appeal the 3 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: November 21, 2012 5 /s/ ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 AC:rb over1649.fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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