(PC) Sierra v. Director of CDCR et al, No. 2:2016cv01067 - Document 81 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/2018 VACATING the 5/17/2018 findings and recommendations 78 . (Yin, K)
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(PC) Sierra v. Director of CDCR et al Doc. 81 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, 12 13 14 15 16 No. 2:16-cv-1067 MCE KJN P Plaintiff, v. ORDER DIRECTOR OF DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 17 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. On May 5, 2017, the court denied plaintiff’s application to proceed in forma 20 pauperis, and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 64.) Plaintiff 21 appealed the May 5, 2017 order to the Ninth Circuit Court of Appeals. (ECF No. 65.) On April 22 4, 2018, the Ninth Circuit dismissed plaintiff’s appeal for failure to prosecute. (ECF No. 76.) 23 On April 11, 2018, the undersigned ordered plaintiff to pay the filing fee within thirty 24 days. (ECF No. 77.) Thirty days passed and plaintiff did not pay the filing fee. Accordingly, on 25 May 17, 2018, the undersigned recommended that this action be dismissed. (ECF No. 78.) 26 On April 17, 2018, the Ninth Circuit vacated its April 4, 2018 order and reopened 27 plaintiff’s appeal of the May 5, 2017 order. (ECF No. 80.) This order was docketed in this court 28 on June 20, 2018. (Id.) 1 Dockets.Justia.com 1 2 3 Based on the reopening of plaintiff’s appeal of the May 5, 2017 order, the May 17, 2018 findings and recommendations are vacated. Accordingly, IT IS HEREBY ORDERED that the May 17, 2018 findings and 4 recommendations (ECF No. 78) are vacated. 5 Dated: July 25, 2018 6 7 8 9 Si1067.vac.kc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2