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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 MOSES FLORES, Plaintiff, 8 9 10 13 ORDER VACATING FINDINGS AND RECOMMENDATIONS OF APRIL 24, 2017 (Docs. 6, 9) v. WESPAK, Defendant. 11 12 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. 14 On April 24, 2017, the Court issued Findings and Recommendations to dismiss this action for 15 Plaintiff’s failure to obey the Court’s order which required him to complete and return a prisoner 16 application to proceed in forma pauperis to the Court, on or before April 13, 2017. (Doc. 2). On April 17 28, 2017, Plaintiff submitted an application to proceed in forma pauperis. (Doc. 7). On May 15, 2017, 18 Plaintiff filed objections to the Findings and Recommendations explaining his untimely application. 19 In light of Plaintiff’s objections, his submission of the application, and good cause appearing, 20 the Court shall VACATE the Findings and Recommendations. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. The Findings and Recommendations of April 24, 2017 are VACATED; and 23 2. The Court will address Plaintiff’s Application to Proceed Informa Pauperis in a 24 separate order. 25 IT IS SO ORDERED. 26 Dated: 27 /s/ Barbara May 18, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?