(PC) Butler v. Johnson, No. 1:2019cv01087 - Document 6 (E.D. Cal. 2019)

Court Description: ORDER VACATING 5 Findings and Recommendations Regarding Plaintiff's Application to Proceed In Forma Pauperis; ORDER DENYING as MOOT Plaintiff's 2 Motion to Proceed IFP, signed by Magistrate Judge Barbara A. McAuliffe on 10/2/2019. (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTWAINE BUTLER, 12 Plaintiff, 13 14 v. Case No. 1:19-cv-01087-DAD-BAM (PC) ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT (ECF No. 2) B. JOHNSON, 15 Defendant. 16 17 ORDER VACATING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF No. 5) Plaintiff Antwaine Butler is a state prisoner currently proceeding pro se in this civil rights 18 19 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 9, 2019. (ECF No. 20 1.) 21 On August 13, 2019, the undersigned issued findings and recommendations 22 recommending that Plaintiff’s application to proceed in forma pauperis be denied and that 23 Plaintiff be required to pay the $400.00 filing fee in full in order to proceed with this action. 24 (ECF No. 5.) The findings and recommendations were served on Plaintiff and contained notice 25 that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) 26 Plaintiff did not file any objections. Instead, on October 1, 2019, Plaintiff paid the $400.00 filing fee in full. 27 28 /// 1 1 Accordingly, the August 13, 2019 findings and recommendations, (ECF No. 5), are 2 HEREBY VACATED, and Plaintiff’s application to proceed in forma pauperis, (ECF No. 2), is 3 HEREBY DENIED as moot. Notwithstanding the payment of the filing fee, the Court is required 4 to screen prisoner complaints. 28 U.S.C. § 1915A. Plaintiff’s complaint will be screened in due 5 course. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara October 2, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 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.