(PC) Overton v. Ramos et al, No. 2:2016cv01125 - Document 4 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/13/16 ORDERING that the Clerk of the Court shall randomly assign a District Judge to this action. Further, it is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Dillon, M)

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(PC) Overton v. Ramos et al Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL OVERTON, 12 13 14 15 No. 2:16-cv-1125 CKD P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS M. RAMOS, et al., Defendants. 16 17 On May 27, 2016, plaintiff was ordered to file a completed application to proceed in 18 forma pauperis or pay the filing fee within thirty days and was cautioned that failure to do so 19 would result in dismissal. The thirty day period has now expired and plaintiff has not complied 20 with the court’s May 27, 2016 order. 21 22 Accordingly, it is hereby ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action. 23 Further, it is hereby RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations will be submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Findings and 28 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 1 Dockets.Justia.com 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: July 13, 2016 4 5 6 7 8 9 1 over1125.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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