(PC) Overton v. CA Health Care Facility Warden et al, No. 2:2018cv02421 - Document 4 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/22/18 DIRECTING the clerk to randomly assign a district judge. District Judge Morrison C. England, Jr. added. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objection due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-2421-CKD-MCE (PC).(Coll, A)
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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 15 16 17 v. No. 2:18-cv-2421 CKD P ORDER AND CA HEALTH CARE FACILITY WARDEN, et al., FINDINGS AND RECOMMENDATIONS Defendants. On September 10, 2018, plaintiff was ordered to submit a completed application to 18 proceed in forma pauperis or pay the filing fee within thirty days. Plaintiff was cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. The thirty-day 20 period has now expired, and plaintiff has not responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be served and filed within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 22, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 1 over2421.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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