Overton v. Warden of CMF Vacaville
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/8/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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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,
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No. 2:11-cv-1646 LKK JFM (PC)
vs.
WARDEN, CMF VACAVILLE,
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Defendant.
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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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expired and plaintiff did not file an amended complaint or an in forma pauperis application, pay
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the filing fee, or otherwise respond to the court’s order. For that reason, on September 13, 2011,
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this court issued findings and recommendations recommending that this action be dismissed
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without prejudice.
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On September 22, 2011, plaintiff filed objections to the findings and
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recommendations. By order filed October 11, 2011, this court vacated the September 13, 2011
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findings and recommendations and granted plaintiff one final period of thirty days in which to
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comply with the July 29, 2011 order. That thirty day period has expired and plaintiff has neither
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complied with the July 29, 2011 order nor responded in any way to the October 11, 2011 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).
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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: December 8, 2011.
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over1646.fta(2)
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