(PC) Barnes v. Greager, No. 1:2012cv00834 - Document 9 (E.D. Cal. 2012)

Court Description: ORDER Vacating FINDINGS AND RECOMMENDATIONS And Denying Plaintiff's Motion To File Complaint (ECF Nos. 6 , 8 ), signed by Magistrate Judge Barbara A. McAuliffe on 8/30/2012. (Fahrney, E)

Download PDF
(PC) Barnes v. Greager Doc. 9 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DONALD R. BARNES, 10 CASE NO. 1:12-cv–00834-AWI-BAM PC Plaintiff, 11 v. 12 ORDER VACATING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION TO FILE COMPLAINT S. GREAGER., (ECF Nos. 6, 8) 13 Defendant. / 14 15 Plaintiff Donald R. Barnes is a state prisoner proceeding pro se in this civil rights action 16 pursuant to 42 U.S.C. § 1983. On July 24, 2012, findings and recommendations issued 17 recommending dismissing this action for Plaintiff’s failure to file a motion to proceed in forma 18 pauperis or to pay the filing fee. (ECF No. 6.) On August 27, 2012, Plaintiff filed a motion to 19 proceed in forma pauperis and a motion to file the complaint. (ECF Nos. 7, 8.) Since Plaintiff has 20 now complied with the court order the findings and recommendations shall be vacated. 21 Plaintiff’s complaint was filed on May 22, 2012, therefore the motion to file the complaint 22 shall be denied as moot. The Court is required to screen complaints brought by prisoners seeking 23 relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 24 1915A(a). Plaintiff is advised that the Court screens complaints in the order in which they are filed 25 and strives to avoid delays whenever possible. However, there are hundreds of prisoner civil rights 26 cases presently pending before the Court, and delays are inevitable despite the Court’s best efforts. 27 Plaintiff’s complaint shall be screened in due time. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, issued July 24, 2012, is VACATED; and 3 2. Plaintiff’s motion to file his complaint, filed August 27, 2012, is DENIED as moot. 4 5 IT IS SO ORDERED. Dated: 10c20k August 30, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.