Moses Flores v. Wespak

Filing 10

ORDER Vacating 6 Findings and Recommendations of April 24, 2017, signed by Magistrate Judge Barbara A. McAuliffe on 5/18/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOSES FLORES,
Plaintiff,

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ORDER VACATING FINDINGS AND
RECOMMENDATIONS OF APRIL 24, 2017
(Docs. 6, 9)

v.
WESPAK,
Defendant.

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CASE NO. 1:17-cv-00326 AWI-BAM

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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.

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On April 24, 2017, the Court issued Findings and Recommendations to dismiss this action for

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Plaintiff’s failure to obey the Court’s order which required him to complete and return a prisoner

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application to proceed in forma pauperis to the Court, on or before April 13, 2017. (Doc. 2). On April

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28, 2017, Plaintiff submitted an application to proceed in forma pauperis. (Doc. 7). On May 15, 2017,

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Plaintiff filed objections to the Findings and Recommendations explaining his untimely application.

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In light of Plaintiff’s objections, his submission of the application, and good cause appearing,

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the Court shall VACATE the Findings and Recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations of April 24, 2017 are VACATED; and

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2.

The Court will address Plaintiff’s Application to Proceed Informa Pauperis in a

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separate order.

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IT IS SO ORDERED.

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Dated:
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/s/ Barbara

May 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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