(PC) Overton v. California Board of Prison Hearings et al

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/19/2021 ORDERING the Clerk to randomly assign a District Judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 21 days. (Yin, K)

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Case 2:21-cv-00970-TLN-AC Document 4 Filed 07/19/21 Page 1 of 2 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. CALIFORNIA BOARD OF PRISON HEARINGS, et al., No. 2:21-cv-0970 AC ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On June 9, 2021, plaintiff was sent and ordered to file a completed in forma pauperis 18 19 affidavit within thirty days, and he was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. ECF No. 3. The thirty-day period has now 21 expired, and plaintiff has not filed the document, nor has he responded to the court’s order in any 22 way. 23 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly assign a District Judge to this action, and 25 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 Case 2:21-cv-00970-TLN-AC Document 4 Filed 07/19/21 Page 2 of 2 1 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 DATED: July 19, 2021 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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