(PC) Overton v. Hollyrock, et al.,, No. 2:2019cv00785 - Document 4 (E.D. Cal. 2019)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/23/2019 ORDERING the Clerk to randomly assign a district judge to this case and RECOMMENDING this case be dismissed for plaintiff's failure to comply with court orders. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)
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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. 2:19-cv-0785 DB P ORDER AND FINDINGS AND RECOMMENDATIONS JOHN HAROLD HOLLYROCK, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 17 18 1983 on May 3, 2019. On June 6, this court ordered plaintiff to either file an application to 19 proceed in forma pauperis or pay the filing fee within thirty days. (ECF No. 3.) Plaintiff was 20 warned that if he failed to comply with the court’s order, this court would recommend his action 21 be dismissed. Thirty days have passed and plaintiff has not filed an application to proceed in forma 22 23 pauperis, paid the filing fee, or otherwise responded to the court’s June 6 order. Accordingly, the Clerk of the Court IS HEREBY ORDERED to randomly assign a district 24 25 judge to this case; and IT IS RECOMMENDED that this case be dismissed for plaintiff’s failure to comply with 26 27 court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41. 28 //// 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 Dated: July 23, 2019 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/over0785.fta fr 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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