(PC) Overton v. California Medical Facility ( 2021 )

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: 21-cv-1169 JAM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA MEDICAL FACILITY, et al., 15 Defendants. 16 17 By an order filed August 31, 2021, plaintiff was granted twenty-one days to pay the filing 18 fees or file a completed in forma pauperis affidavit and a certified copy of his prison trust account 19 statement, and was cautioned that failure to do so would result in a recommendation that this 20 action be dismissed. The twenty-one day period has now expired, and plaintiff has not responded 21 to the court’s order and has not filed the required documents. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 1 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 || failure to file objections within the specified time may waive the right to appeal the District 3 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 4 | Dated: September 28, 2021 Foci) Aharon 6 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 7 8 9 10 Over1169.fifp(2) 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28