Smith v. Mcdonalds Incorporated et al

Filing 11

ORDER VACATING 7 Findings and Recommendations Recommending Dismissing Action for Failure to Comply with Court Order and GRANTING 10 Plaintiff's Application to Proceed In Forma Pauperis signed by Magistrate Judge Stanley A. Boone on 6/3/2024.(Xiong, J.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CANDACE SMITH,
Plaintiff,

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Case No. 1:24-cv-00204-KES-SAB
ORDER VACATING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSING ACTION FOR FAILURE TO
COMPLY WITH COURT ORDER AND
GRANTING PLAINTIFF’S APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.

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MCDONALDS INCORPORATED, et al.,

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Defendants.
(ECF Nos. 7, 10)

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Candace Smith (“Plaintiff”), proceeding pro se in this action, filed an application to

18 proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on February 23, 2024. (ECF No. 4.)
19 On February 26, 2024, Plaintiff’s application was denied without prejudice, and she was ordered
20 to file a long form application or pay the filing fee within thirty days. (ECF No. 5.) Plaintiff did
21 not comply with the February 26, 2024 order, and on April 8, 2024, findings and
22 recommendations issued recommending this action be dismissed for failure to comply, failure to
23 prosecute, and failure to pay the filing fee. (ECF No. 7.) Plaintiff was informed that she had
24 fourteen days to file objections to the findings and recommendations. (Id. at 4.) On April 22,
25 2024, Plaintiff filed an application to proceed in forma pauperis that was denied on April 24,
26 2024. (ECF Nos. 8, 9.)
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On May 6, 2024, Plaintiff filed a long form application to proceed in forma pauperis.

28 (ECF No. 10.) Plaintiff’s May 6, 2024 application demonstrates entitlement to proceed without
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1 prepayment of fees. Notwithstanding this order, the Court does not direct that service be
2 undertaken until the Court screens the complaint in due course and issues its screening order.
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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

The findings and recommendations filed on April 8, 2024, is VACATED; and

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2.

The Court GRANTS Plaintiff’s May 6, 2024 motion to proceed in forma
pauperis.

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IT IS SO ORDERED.

9 Dated:

June 3, 2024
UNITED STATES MAGISTRATE JUDGE

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