Soriano et al v. Fresno Unified School District et al

Filing 8

ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS Recommending Dismissing this Action for Failure to Pay the Filing Fee signed by Magistrate Judge Stanley A. Boone on 2/10/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD P. SORIANO, et al.,
Plaintiffs,

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ORDER VACATING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSING THIS ACTION FOR
FAILURE TO PAY FILING FEE

v.

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Case No. 1:14-cv-02023-KJM-SAB

FRESNO UNIFIED SCHOOL DISTRICT, et
al.,

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Defendants.
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On December 19, 2014, Plaintiffs Richard P. Soriano and Frank R. Ortiz (“Plaintiffs”)

19 filed the complaint in this action and each plaintiff filed an application to proceed in forma
20 pauperis. (ECF Nos. 1. 2, 3.) On December 24, 2014, Plaintiffs were found to be ineligible to
21 proceed in this action without prepayment of fees; and Plaintiffs were ordered to pay the filing
22 fee within thirty days. (ECF No. 4.) On January 30, 2015, a findings and recommendations
23 issued recommending dismissal of this action for failure to pay the filing fee. (ECF No. 7.)
24 Subsequently, on February 9, 2014, an entry docketed showing that Plaintiffs paid the filing fee
25 on January 21, 2015.
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Accordingly, the findings and recommendations filed January 30, 2015, are HEREBY

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2 VACATED.
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IT IS SO ORDERED.

5 Dated:

February 10, 2015
UNITED STATES MAGISTRATE JUDGE

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