(PC) Overton v. Warden CHCF ( 2024 )

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. 2:24-cv-01274 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 WARDEN CHCF, et al., 15 Defendants. 16 17 By an order filed May 7, 2024, plaintiff was granted thirty days to pay the filing fee or file 18 a completed in forma pauperis affidavit. (ECF No. 3.) Plaintiff was cautioned that failure to 19 comply with the May 7, 2024 order would result in a recommendation that this action be 20 dismissed. (Id.) The thirty-day period has now expired, and plaintiff has not paid the filing fee or 21 filed a completed in forma pauperis affidavit. 22 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 23 directed to assign a district judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned 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 5 Dated: June 12, 2024 6 Aan Spe CHI SOO KIM 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 Overl274-fifp 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28