Moses Flores v. Wespak
ORDER Vacating 6 Findings and Recommendations of April 24, 2017, signed by Magistrate Judge Barbara A. McAuliffe on 5/18/17. (Gonzalez, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER VACATING FINDINGS AND
RECOMMENDATIONS OF APRIL 24, 2017
(Docs. 6, 9)
CASE NO. 1:17-cv-00326 AWI-BAM
Plaintiff Moses Flores (“Plaintiff”) is a Nevada state prisoner proceeding pro se and seeking
relief pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.
On April 24, 2017, the Court issued Findings and Recommendations to dismiss this action for
Plaintiff’s failure to obey the Court’s order which required him to complete and return a prisoner
application to proceed in forma pauperis to the Court, on or before April 13, 2017. (Doc. 2). On April
28, 2017, Plaintiff submitted an application to proceed in forma pauperis. (Doc. 7). On May 15, 2017,
Plaintiff filed objections to the Findings and Recommendations explaining his untimely application.
In light of Plaintiff’s objections, his submission of the application, and good cause appearing,
the Court shall VACATE the Findings and Recommendations.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendations of April 24, 2017 are VACATED; and
The Court will address Plaintiff’s Application to Proceed Informa Pauperis in a
IT IS SO ORDERED.
May 18, 2017
UNITED STATES MAGISTRATE JUDGE
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