(PC) Overton v. Warden, et al, No. 2:2018cv02823 - Document 4 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/4/19 DIRECTING the clerk to randomly assign a district judge. District Judge Kimberly J. Mueller added. It is further RECOMMENDED that this matter be Dismissed for failure to obey a court order. Referred to Judge Kimberly J. Mueller. Objections due within 14 after being served with these findings and recommendations. New Case Number: 2:18-cv-2823-KJM-DB. (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 v. No. 2:18-cv-2823 DB P ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN, CALIFORNIA HEALTH CARE FACILITY (C.H.C.F.), et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 29, 2018, the court ordered plaintiff either to file an in forma pauperis 21 application with this court or to submit the requisite filing fee and to do so within thirty days. 22 (See ECF No. 3). One of these actions must be taken by plaintiff in order for this matter to be 23 heard by this court. See 28 U.S.C. § 1915(a)(1), (b)(1). Thirty days have passed, and plaintiff 24 has failed to do either, nor has plaintiff responded in any way to the court’s order. For these 25 reasons, the undersigned will recommend that this matter be dismissed for failure to obey a court 26 order. See Fed. R. Civ. P. 41(b). 27 //// 28 1 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Judge to this matter. IT IS FURTHER RECOMMENDED that this matter be DISMISSED for failure to obey a court order. See Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 Dated: January 4, 2019 13 14 15 16 17 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/over2823.noifp.f&r 18 19 20 21 22 23 24 25 26 27 28 2

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