(PC) Overton v. C.E.O. et al, No. 2:2023cv00334 - Document 4 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 05/04/2023 DIRECTING the Clerk to randomly assign a district judge to this case. District Judge Troy L. Nunley and Magistrate Judge Deborah Barnes assigned for all f urther proceedings. It is RECOMMENDED that this case be dismissed without prejudice for plaintiff's failure to prosecute and failure to comply with court orders. Referred to Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0334 TLN DB (PC). (Spichka, 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. 2:23-cv-0334 DB P ORDER AND FINDINGS AND RECOMMENDATIONS C.E.O., et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action under 42 U.S.C. 17 18 § 1983. Plaintiff did not, however, file a motion to proceed in forma pauperis or pay the filing 19 fee. In an order filed March 8, 2023, plaintiff was ordered to either file a motion to proceed in 20 forma pauperis or pay the filing fee within thirty days. Plaintiff was warned that if he failed to 21 comply with the March 8 order, this court would recommend this case be dismissed. Thirty days have passed and plaintiff has not filed a motion to proceed in forma pauperis 22 23 or paid the filing fee. 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 without prejudice for plaintiff’s 26 27 failure to prosecute and failure to comply with court orders. See Fed. R. Civ. P. 41; E.D. Cal. R. 28 110. 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 twenty-one 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: May 4, 2023 9 10 11 12 13 14 15 16 17 18 19 20 21 DLB:9 DB Prisoner Inbox/Civil Rights/R/over0334.fta fr 22 23 24 25 26 27 28 2
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