Silva v. Williamson et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 10/28/14 vacating 4 Motion to Proceed IFP subject to automatic renewal should the district judge decline to adopt the pending findings and recommendations. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOUIS SILVA,

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Petitioner,

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No. 2: 14-cv-2148 MCE AC P

v.

ORDER

WILLIAMSON, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 24, 2014, the undersigned determined that no filing fee would be assessed

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in this case because this action should be summarily dismissed. ECF No. 3 at 2. The undersigned

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then filed Findings and Recommendations recommending that the Clerk of the Court be directed

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to send petitioner a form for a Section 1983 complaint and an application to proceed in forma

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pauperis (“IFP application”). However, plaintiff has now filed an IFP application in this action.
No IFP application is required in this case, because no filing fee will be assessed here,

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accordingly the application will be vacated. However, plaintiff may file his IFP

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application in a new, separate, Section 1983 lawsuit, if he chooses to file such an action.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s IFP application (ECF No. 4) is

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VACATED subject to automatic renewal should the district judge decline to adopt the pending

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Findings and Recommendations.

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DATED: October 28, 2014

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