(PC) Overton v. Warden CHCF et al

Filing 6

ORDER signed by District Judge Dale A. Drozd on 07/26/2024 ADOPTING 4 Findings and Recommendations in full; DISMISSING this action, without prejudice. CASE CLOSED. (Lopez, K)

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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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v.
WARDEN CHCF, et al.,
Defendants.

No. 2:24-cv-01274-DAD-CSK (PC)

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
THIS ACTION
(Doc. No. 4)

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Plaintiff Michael L. Overton is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 7, 2024, the court ordered plaintiff to either file a motion to proceed in forma

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pauperis or pay the required filing fee in order to proceed with this action. (Doc. No. 3.) The

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court provided plaintiff with thirty days to comply with that order. (Id. at 1.) Plaintiff has not

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paid the required filing fee to proceed with this action nor filed an application to proceed in forma

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pauperis, and the deadline in which to do so has passed.

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Accordingly, on June 13, 2024, the assigned magistrate judge issued findings and

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recommendations recommending that this action be dismissed, without prejudice, due to

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plaintiff’s failure to comply with the court’s order and failure to pay the filing fee. (Doc. No. 4.)

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The findings and recommendations were served upon plaintiff and contained notice that any
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objections thereto were to be filed within fourteen (14) days after service. (Id. at 1.) To date,

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plaintiff has not filed any objections and the time in which to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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pending findings and recommendations are supported by the record and proper analysis.

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Accordingly:

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1.

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The findings and recommendations issued on June 13, 2024 (Doc. No. 4) are
adopted in full;

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2.

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This action is dismissed, without prejudice, due to plaintiff’s failure to pay the
required filing fee and failure to comply with a court order; and

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3.

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IT IS SO ORDERED.

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Dated:

The Clerk of the Court is directed to close this case.

July 26, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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