UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 26, 2011
JOHN FREDERICK WHEELER,
UNITED STATES POSTAL SERVICE,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER WITHDRAWING THE FINDINGS
AND RECOMMENDATION TO DISMISS
THE ACTION (Doc. 4)
On August 24, 2011, John Frederick Wheeler ("Plaintiff") initiated this action by filing his complaint on August 24, 2011. (Doc. 1). However, Plaintiff failed to pay the requisite filing fee. On August 30, 2011, the Court ordered Plaintiff to pay the filing fee within fourteen days of service of the order, or in the alternative, file a motion to proceed in forma pauperis. (Doc. 2 at 2). Plaintiff failed to file respond to the Court's Order. Therefore, the Court issued a Findings and Recommendations to dismiss the matter for failure to pay the filing fee and failure to obey the Court's orders on September 16, 2011. (Doc. 4).
On September 21, 2011, Plaintiff filed Objections to the Findings and Recommendations. (Doc. 6). Plaintiff alleges, "he thought he had included a motion to proceed in forma pauperis" when he initiated the action by filing his complaint. Id at 1. Once made aware of his failure to do so, Plaintiff filed a motion to proceed in forma pauperis on September 21, 2011. (Doc. 7). Further, according to Plaintiff, "he never received (sic) the order from this court to pay filing fees or in the alternative, file a motion to proceed in forma pauperis." (Doc. 6 at 1). *fn1 Based upon the facts presented in the Objections and Plaintiff's filing of a motion to proceed in forma pauperis, the Court finds there is good cause for the Findings and Recommendations to be withdrawn. *fn2
Accordingly, IT IS HEREBY ORDERED The Findings and Recommendations dated September 16, 2011 are WITHDRAWN .
IT IS SO ORDERED.