(PC) Overton v. Warden et al, No. 2:2023cv00465 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 07/07/23 ADOPTING 7 Findings and Recommendations in full and DISMISSING case without prejudice, due to plaintiff's failure to file a completed application to proceed IFP, or, in the alternative, to pay the required filing fee. CASE CLOSED (Benson, 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. WARDEN CHCF, et al. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PAY FILING FEE Defendants. (Doc. No. 7) 16 17 No. 2:23-cv-00465-DAD-AC (PC) Plaintiff Michael Overton is a state prisoner proceeding pro se in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 10, 2023, the court directed plaintiff to either file an in forma pauperis affidavit 21 or pay the required $402.00 filing fee within thirty (30) days in order to proceed with this action. 22 (Doc. No. 5 at 1.) To date, plaintiff has not filed an in forma pauperis affidavit nor has he paid 23 the required filing fee. 24 Accordingly, on May 23, 2023, the assigned magistrate judge issued findings and 25 recommendations recommending that this action be dismissed, without prejudice, due to 26 plaintiff’s failure to file a completed application to proceed in forma pauperis, or, in the 27 alternative, to pay the required filing fee. (Doc. No. 7.) The pending findings and 28 recommendations were served on plaintiff and contained notice that any objections thereto were 1 1 to be filed within fourteen (14) days after service. (Id. at 2.) To date, no objections to the 2 findings and recommendations have been filed, and the time in which to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 5 findings and recommendations are supported by the record and by proper analysis. 6 Accordingly: 7 1. 8 The findings and recommendations issued on May 23, 2023 (Doc. No. 7) are adopted in full; 9 2. This action is dismissed, without prejudice, due to plaintiff’s failure to file a 10 completed application to proceed in forma pauperis, or, in the alternative, to pay 11 the required filing fee; and 12 3. 13 IT IS SO ORDERED. 14 Dated: The Clerk of the Court is directed to close this case. July 7, 2023 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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