(PC) Overton v. U.S. Postmaster General et al, No. 2:2018cv00266 - Document 8 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/10/2018 VACATING 7 Order; ORDERING Clerk of Court to randomly assign a U.S. District Judge to this case; and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, 12 Plaintiff, 13 14 v. No. 2:18-cv-0266-EFB P ORDER AND FINDINGS AND RECOMMENDATIONS U.S. POSTMASTER GENERAL, et al., 15 Defendants. 16 Plaintiff is a state prisoner confined in Atascadero State Hospital proceeding without 17 18 counsel in an action brought under 42 U.S.C. § 1983. On February 13, 2018, the court issued an 19 order striking plaintiff’s complaint (ECF No. 1) because he had not signed it. ECF No. 7. Upon 20 further review of the docket, it appears that the signature page to plaintiff’s complaint was filed as 21 an addendum in a separate docket entry (ECF No. 2). Therefore, the court will vacate the order 22 striking the complaint as unsigned. On February 13, 2018, the court also granted plaintiff thirty days to either pay the $400 23 24 filing fee or submit an application for leave to proceed in forma pauperis. The time for acting has 25 passed and plaintiff has not paid the filing fee, submitted an application for leave to proceed in 26 forma pauperis, or otherwise responded to the court’s order. 27 ///// 28 ///// 1 1 Accordingly, IT IS ORDERED that: 2 1. The February 13, 2018 order to strike plaintiff’s complaint as unsigned is vacated. 3 2. The Clerk of the Court shall randomly assign a United States District Judge to this 4 case. 5 Further, IT IS RECOMMENDED that this action be dismissed without prejudice. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 objections shall be served and filed within fourteen days after service of the objections. The 12 parties are advised that failure to file objections within the specified time may waive the right to 13 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: April 10, 2018. 16 17 18 19 20 21 22 23 24 25 26 27 28 2