Flierl v. Garcia et al, No. 1:2018cv00686 - Document 6 (E.D. Cal. 2018)

Court Description: ORDER directing Clerk to issue new case documents; withdrawing 5 FINDINGS AND RECOMMENDATIONS and denying as moot 2 , 4 Motions to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 7/24/2018. (Lundstrom, T)
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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MARK C. FLIERL, 9 10 11 Plaintiff, Case No. 1:18-cv-00686-LJO-BAM ORDER DIRECTING CLERK TO ISSUE NEW CASE DOCUMENTS v. D. GARCIA and M.A. MARTINEZ, 12 Defendants. 13 ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS ORDER DENYING PLAINTIFF’S IN FORMA PAUPERIS APPLICATIONS AS MOOT 14 15 On June 15, 2018, the Court issued Findings and Recommendations that Plaintiff’s 16 application to proceed in forma pauperis be denied and he be ordered to pay the $400.00 filing fee 17 in full to proceed with this action. (Doc. 5.) On June 28, 2018, Plaintiff filed the filing fee in full. 18 (See Docket.) Accordingly, the Court hereby WITHDRAWS its June 15, 2018, Findings and 19 Recommendations (Doc. 5) and DIRECTS the Clerk of Court to issue the appropriate civil new 20 case documents for pro se actions and summonses as to the defendants. 21 Further, in view of Plaintiff having paid the filing fee in full (see Docket), his applications 22 23 to proceed in forma pauperis (Docs. 2 & 4) are hereby DENIED as MOOT. IT IS SO ORDERED. 24 Dated: 25 /s/ Barbara July 24, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 1