(PC) Manago v. Santoro et al, No. 1:2021cv01616 - Document 10 (E.D. Cal. 2021)
Court Description: ORDER DENYING 2 Plaintiff's Motion to Proceed In Forma Pauperis as Moot; ORDER DENYING 9 Plaintiff's Motion Requesting North Kern State Prison to Send Filing Fee to the Court as Moot; ORDER VACATING 8 Findings and Recommendations Regarding Plaintiff's Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2021. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEWART MANAGO, 12 13 14 15 Plaintiff, v. SANTORO, et al., Defendants. 16 17 ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT (ECF No. 2) ORDER DENYING PLAINTIFF’S MOTION REQUESTING NORTH KERN STATE PRISON TO SEND FILING FEE TO THE COURT AS MOOT (ECF No. 9) ORDER VACATING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 8) 18 19 20 21 Case No. 1:21-cv-01616-NONE-BAM (PC) Plaintiff Stewart Manago (“Plaintiff”) is a state prisoner proceeding pro se in this civil 22 rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on November 5, 2021, 23 together with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. 24 § 1915. (ECF Nos. 1, 2.) 25 On November 8, 2021, the undersigned issued findings and recommendations 26 recommending that Plaintiff’s application to proceed in forma pauperis be denied and that 27 Plaintiff be required to pay the $402.00 filing fee in full to proceed with this action. (ECF No. 8.) 28 Those findings and recommendations were served on Plaintiff and contained notice that any 1 1 objections thereto were to be filed within fourteen (14) days after service. (Id. at 2.) 2 On November 22, 2021, Plaintiff filed a motion to direct prison officials at North Kern 3 State Prison to send the $402.00 filing fee out of Plaintiff’s prison account. (ECF No. 9.) On 4 November 29, 2021, the Court received the $402.00 filing fee from Plaintiff’s trust account. 5 As the filing fee has been paid in full, Plaintiff’s motion to proceed in forma pauperis and 6 motion for an order directing prison officials to send the filing fee from Plaintiff’s prison account 7 are now moot. Plaintiff’s complaint will be screened in due course. 8 Accordingly, IT IS HEREBY ORDERED as follows: 9 10 11 12 13 1. Plaintiff’s motion to proceed in forma pauperis, (ECF No. 2), is DENIED as moot; 2. Plaintiff’s motion to direct prison officials to North Kern State Prison to send the filing fee out of Plaintiff’s prison account, (ECF No. 9) is DENIED as moot; and 3. The findings and recommendations to deny Plaintiff’s motion to proceed in forma pauperis, (ECF No. 8), are VACATED. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara December 1, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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