Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. OVERTON, No. 2:23-cv-0465 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN CHCF, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 10, 2023, plaintiff was ordered to file a completed in forma pauperis affidavit, and he was given thirty days to do so. ECF No. 5. At that time, plaintiff was cautioned that failure comply with the court’s order would result in a recommendation that this action be dismissed. Id. at 1. More than thirty days have passed, and plaintiff has neither filed a completed in forma pauperis action, nor has he responded to the court’s order in any way. Plaintiff has, however, filed a request for an evidentiary hearing. ECF No. 6. Because in…