Overton v. Warden of CMF Vacaville

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 09/13/11 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be dismissed w/o prejudice; Objections to these F&Rs due w/i 14 days; referred to Judge Lawrence K. Karlton. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL L. OVERTON,

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Plaintiff,

No. 2:11-cv-1646 LKK JFM (PC)

vs.
WARDEN, CMF VACAVILLE,
Defendant.

FINDINGS & RECOMMENDATIONS
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By order filed July 29, 2011, plaintiff was granted thirty days in which to file a

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complaint. In addition, plaintiff was granted thirty days in which to either file an application to

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proceed in forma pauperis or to pay the $350.00 filing fee for this action. The thirty day period

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has now expired, and plaintiff has not filed an amended complaint or an in forma pauperis

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application, nor has he paid the filing fee or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Any response to the objections shall be filed and served

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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: September 13, 2011.

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over1646.fta

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