Oros

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, No. 2:25-cv-2302 DAD CKD P 12 Plaintiff, 13 v. ORDER AND 14 DELBERT OROS, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff is proceeding pro se with a civil action. This proceeding was referred to this 18 court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 On October 14, 2025, the court recommended that this action be dismissed for plaintiff’s 20 failure to either request leave to proceed in forma pauperis or pay the $405 filing fee for this 21 action. As plaintiff filed a request for leave to proceed in forma pauperis on October 24, 2025, 22 the court’s October 14, 2025 findings and recommendations will be vacated. 23 Plaintiff has requested leave to proceed in forma pauperis. When plaintiff initiated this 24 action he was a Sacramento County Jail prisoner. Title 28 U.S.C. § 1915(g) reads as follows: 25 In no event shall a prisoner bring a civil action . . . [in forma pauperis] if…