(HC) Selck v. County of Sacramento, No. 2:2021cv01499 - Document 11 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 12/8/2021 RECOMMENDING 5 Motion to Proceed In Forma Pauperis be denied as moot. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORREY SELCK, 12 Petitioner, 13 14 No. 2:21-CV-1499-JAM-DMC-P v. FINDINGS AND RECOMMENDATIONS COUNTY OF SACRAMENTO, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion, 19 ECF No. 5, for leave to proceed in forma pauperis, which the Court found was defective, see ECF 20 No. 6. A review of the record reflects that, on November 12, 2021, Petitioner paid the filing fees 21 for this action. Petitioner’s motion for leave to proceed in forma pauperis is, therefore, moot. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 2 Based on the foregoing, the undersigned recommends that Petitioner’s motion, ECF No. 5, be denied as moot. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 5 after being served with these findings and recommendations, any party may file written objections 6 with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 Dated: December 8, 2021 ____________________________________ DENNIS M. COTA 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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