Finney v. Phi et al

Filing 15

ORDER DENYING AS MOOT 9 Plaintiff's Motion to Proceed In Forma Pauperis and ORDER VACATING 13 FINDINGS AND RECOMMENDATIONS Regarding Plaintiff's Motion to Proceed In Forma Pauperis signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HARLEY FINNEY,

12

Plaintiff,

13
14

v.

ORDER DENYING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS AS
MOOT
(ECF No. 9)

PHI, et al.,

15

Defendants.

16
17

ORDER VACATING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFF’S MOTION TO PROCEED IN
FORMA PAUPERIS
(ECF No. 13)

Plaintiff Harley Finney (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

18
19

Case No. 1:17-cv-01541-DAD-BAM (PC)

action pursuant to 42 U.S.C. § 1983.

20

On January 10, 2018, the undersigned issued findings and recommendations

21

recommending that Plaintiff’s application to proceed in forma pauperis be denied and that

22

Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action. (ECF No.

23

13.) Those findings and recommendations were served on Plaintiff and contained notice that any

24

objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) No

25

objections were filed.
On March 12, 2018, before the assigned District Judge had ruled on the pending findings

26
27

and recommendations, Plaintiff submitted the $400.00 filing fee in full.

28

///
1

1

Accordingly, Plaintiff’s motion to proceed in forma pauperis, (ECF No. 9), is HEREBY

2

DENIED as moot, and the findings and recommendations to deny Plaintiff’s motion for leave to

3

proceed in forma pauperis, (ECF No. 13), are VACATED. Plaintiff’s complaint will be screened

4

in due course.

5
6
7

IT IS SO ORDERED.
Dated:

/s/ Barbara

April 30, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2