(PC) Wilson v. Torres et al, No. 1:2020cv01430 - Document 10 (E.D. Cal. 2020)

Court Description: ORDER DENYING 2 Motion to Proceed IFP; ORDER VACATING 7 Findings and Recommendations, signed by Magistrate Judge Barbara A. McAuliffe on 11/30/2020. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IAN WILSON, 12 Case No. 1:20-cv-01430-DAD-BAM (PC) Plaintiff, 13 v. 14 TORRES, et al., 15 Defendants. 16 17 ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT (ECF No. 2) ORDER VACATING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 7) 18 Plaintiff Ian Wilson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 7, 2020, together 20 with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF 21 Nos. 1, 2.) 22 On October 8, 2020, the undersigned issued findings and recommendations 23 recommending that Plaintiff’s application to proceed in forma pauperis be denied and that 24 Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action. (ECF No. 7.) 25 Those findings and recommendations were served on Plaintiff and contained notice that any 26 objections thereto were to be filed within fourteen (14) days after service. (Id. at 2.) 27 28 On November 24, 2020, rather than filing objections to the findings and recommendations, Plaintiff paid the $400.00 filing fee in full. As the filing fee has been paid in 1 1 full, Plaintiff’s motion to proceed in forma pauperis is now moot. Plaintiff’s complaint will be 2 screened in due course. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. Plaintiff’s motion to proceed in forma pauperis, (ECF No. 2), is DENIED as moot; and 5 2. The findings and recommendations to deny Plaintiff’s motion to proceed in forma 6 pauperis, (ECF No. 7), are VACATED. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara November 30, 2020 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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