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. 2:19-cv-1403-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 NAPA ST. HOSPITAL EXEC-DIR., 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil action. On July 29, 18 2019, this court found that plaintiff had failed to pay the $400 filing fee required by 28 U.S.C. 19 § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account 20 statement required by 28 U.S.C. § 1915(a). Accordingly, the court directed the Clerk to send 21 plaintiff an Application to Proceed In Forma Pauperis, ordered plaintiff to submit the filing fee or 22 completed application within thirty days and warned plaintiff that failure to do so may result in 23 this action being dismissed. ECF No. 3. The time for acting has now passed and plaintiff has not 24 paid the required filing fee, submitted the completed application for leave to proceed in forma 25 pauperis or otherwise responded to the court’s order. 26 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 27 District Judge to this case. 28 ///// 1 Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, any party may file written 5 || objections with the court and serve a copy on all parties. Such a document should be captioned 6 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 || objections shall be served and filed within fourteen days after service of the objections. The 8 || parties are advised that failure to file objections within the specified time may waive the right to 9 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 11 || Dated: October 3, 2019. >

EDMUND F. BRENNAN

13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28