(PC) Simmons v. Cates, et al., No. 1:2023cv00856 - Document 10 (E.D. Cal. 2023)

Court Description: ORDER WITHDRAWING 6 Findings and Recommendations signed by Magistrate Judge Gary S. Austin on 7/7/2023. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN JOSEPH SIMMONS, 12 Plaintiff, 13 ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS ISSUED ON JUNE 7, 2023 vs. 14 15 1:23-cv-00856-JLT-GSA-PC (ECF No. 6.) CATES, et al., Defendants. 16 17 18 19 20 21 Melvin Joseph Simmons (“Plaintiff”) is a state prisoner proceeding pro se with this civil 22 rights case. On June 5, 2023, Plaintiff filed the Complaint commencing this action. 23 1.) (ECF No. 24 On June 7, 2023, the Court issued findings and recommendations, recommending that 25 Plaintiff be denied leave to proceed in forma pauperis with this case and that this case be 26 dismissed without prejudice to re-filing the case with payment of the $402.00 filing fee in full. 27 (ECF No. 6.) Plaintiff was granted fourteen days in which to file objections to the findings and 28 recommendations. (Id.) 1 1 On June 29, 2023, Plaintiff paid the $402.00 filing fee in full for this case. (Court 2 Record.) On July 5, 2023, Plaintiff filed objections to the Court’s findings and recommendations. 3 (ECF Nos. 8, 9.) 4 5 6 7 Given that Plaintiff has now paid the filing fee in full, the Court shall withdraw the findings and recommendations issued on June 7, 2023. Therefore, based on the foregoing, it is HEREBY ORDERED that the findings and recommendations issued on June 7, 2023, are WITHDRAWN. 8 9 10 11 IT IS SO ORDERED. Dated: July 7, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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