(PC) Smith v. Kim, et al., No. 1:2020cv00318 - Document 11 (E.D. Cal. 2020)

Court Description: ORDER WITHDRAWING 8 Findings and Recommendations Entered on March 10, 2020; ORDER RESOLVING 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 04/03/2020. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL D. SMITH, 12 Plaintiff, 13 14 v. 1:20-cv-00318-NONE-GSA-PC ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS ENTERED ON MARCH 10, 2020 (ECF No. 9.) RYAN KIM, 15 Defendant. 16 ORDER RESOLVING MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 2.) 17 18 19 Darrell D. Smith (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. 20 On March 10, 2020, the court entered findings and recommendations, recommending that 21 Plaintiff’s application to proceed in forma pauperis be denied due to Plaintiff’s ability to pay the 22 $400.00 filing fee in full. (ECF No. 8.) On April 1, 2020, Plaintiff paid the $400.00 filing fee in 23 full. (Court docket.) 24 25 In light of the fact that Plaintiff has paid the filing fee in full, the court shall withdraw the findings and recommendations issued on March 10, 2020. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The findings and recommendations entered on March 10, 2020, are WITHDRAWN; and 1 1 2. 2 Plaintiff’s application to proceed in forma pauperis, filed on March 2, 2020, is RESOLVED. 3 4 5 6 IT IS SO ORDERED. Dated: April 3, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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