Overton v. Warden of CMF Vacaville

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 10/11/11 ORDERING that 9 Motion is DENIED; 10 Findings and Recommendations are VACATED; Plaintiff is granted one final period of 30 days from 10/10/11 in which to comply with this courts 7/29/11 order; and Clerk of the Court is directed to send plaintiff a copy of the 7/29/11 order with service of this order.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

MICHAEL L. OVERTON,

11

Plaintiff,

12
13

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

vs.
WARDEN, CMF VACAVILLE,

14

Defendant.

15

ORDER
/

16

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

17

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

18

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

19

expired without plaintiff filing an amended complaint or an in forma pauperis application or

20

paying the filing fee, or otherwise responding to the court’s order. For that reason, on September

21

13, 2011, this court issued findings and recommendations recommending that this action be

22

dismissed without prejudice.

23

On September 22, 2011, plaintiff filed objections to the findings and

24

recommendations. Plaintiff asserts that the prison law library was closed during the period from

25

/////

26

/////
1

1

July 20, 2011 to August 14, 2011. Plaintiff requests an opportunity to comply with the July 29,

2

2011 order, which he still has not done.1

3

Good cause appearing, the findings and recommendations will be vacated, and

4

plaintiff will be given one additional period in which to comply with the July 29, 2011 order.

5

The court does not intend to extend this deadline.

6

In accordance with the above, IT IS HEREBY ORDERED that:

7

1. Plaintiff’s September 8, 2011 motion is denied;

8

2. The findings and recommendations filed September 13, 2011 are vacated;

9

3. Plaintiff is granted one final period of thirty days from October 10, 2011 in

10

which to comply with this court’s July 29, 2011 order; and

11

4. The Clerk of the Court is directed to send plaintiff a copy of the July 29, 2011

12

order with service of this order.

13

DATED: October 11, 2011.

14
15
16
17
18

12
over1646.vac

19
20
21
22
23
24
1

25
26

On September 8, 2011, plaintiff filed a document styled as a motion for a summons and
complaint. The court will not make any orders for service of process unless and until plaintiff
complies with the July 29, 2011 order, and unless until plaintiff files a complaint that contains
one or more cognizable claims for relief. Plaintiff’s September 8, 2011 motion will be denied.
2