(PC)Winter v. California Department of Corrections & Rehabilitation et al

Filing 5

ORDER VACATING 4 Order to Show Cause, signed by Magistrate Judge Stanley A. Boone on 10/26/2021.(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

)
)
Plaintiff,
)
)
v.
)
)
CALIFORNIA DEPARTMENT OF
)
CORRECTIONS AND REHABILITATION,
)
et al.,
)
)
Defendants.
)
)
ANDREANA WINTER,

18
19

Case No. 1:21-cv-01194-SAB (PC)
ORDER VACATING ORDER TO SHOW
CAUSE
(ECF No. 4)

Plaintiff Andreana Winter is proceeding pro se in this civil rights action pursuant to 42 U.S.C.
§ 1983.

20

Plaintiff, along with another inmate, initially filed this action on November 6, 2020, in case

21

number 1:20-cv-01584-JLT. On August 6, 2021, the Court ordered that the action brought by Plaintiff

22

Andreana Winter be severed and filed under a new case number.

23

On August 10, 2021, the Court directed Plaintiff to submit an application to proceed in forma

24

pauperis or pay the filing fee within forty-five days. (ECF No. 3.) Plaintiff failed to comply with the

25

Court’s August 10, 2021 order. Therefore, on October 5, 2021, the Court ordered Plaintiff to show

26

cause within fourteen days why the action should not be dismissed.

27

///

28

///
1

Upon further review of the initial action filed by Plaintiff and fellow inmate Jonathan Kohut,

1
2

Plaintiff filed an application to proceed in forma pauperis which was granted on November 12, 2020.1

3

Inasmuch as Plaintiff filed an application to proceed in forma pauperis which was previously granted,

4

it is HEREBY ORDERED that the October 5, 2021 order to show cause for failure to file an

5

application to proceed in forma pauperis is VACATED, and the Court will screen Plaintiff’s complaint

6

in due course.

7
8

IT IS SO ORDERED.

9

Dated:

October 26, 2021
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1

28

The Court takes judicial notice of Plaintiff’s motion to proceed in forma pauperis and the order granting such request.
Fed. R. Evid. 201(b).

2