(PC) Overton v. CHCF Warden ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, No. 2:20-cv-0794 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CHCF WARDEN, et al., 15 Defendants. 16 17 In an order issued April 30, 2020, plaintiff was directed to file a completed in forma 18 pauperis affidavit and a certified copy of his prison trust account statement within thirty days. 19 See ECF No. 7. At that time, plaintiff was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. See id. at 2. The thirty-day period has now 21 expired, and plaintiff has not responded to the court’s order and has not filed the required 22 documents.1 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 24 directed to assign a District Court Judge to this case, and 25 26 1 On May 20, 2020, plaintiff did file a letter with the court. See ECF No. 8. The letter, however, is largely unintelligible, referring to matters such as subject matter jurisdiction, fiduciary practices 27 and a “felonious act” of stealing one of his packages. See id. The letter neither acknowledges the court’s order that plaintiff file an in forma pauperis application, nor does it explain why he has 28 not done so. See id. wOAOe 2 OU VO ETO ENINTT ENN RAMU I vee POY eM 2 IT IS HEREBY RECOMMENDED that this action be DISMISSED without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 || time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 | (9th Cir. 1991). 10 | DATED: June 2, 2020 ~ Hhthren— Char ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28