Russell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOE FOSTER, Sr., No. 2:19-cv-2162-KJM-EFB P Plaintiff, v. ORDER ELLIOT, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. On October 25, 2019, he filed a complaint, but did not pay the filing fee or file an application to proceed in forma pauperis. On October 30, 2019, the court informed plaintiff that, in order to proceed, he would be required to account for the filing fee within thirty days. ECF No. 5. Plaintiff failed to comply with that order within the deadline and, on December 5, 2019, the court recommended that this action be dismissed on that basis. ECF No. 8. Four days later, on December 9, 2019, plaintiff submitted an application to proceed in forma pauperis. ECF No. 9. Accordingly, the findings and recommendations are vacated. Application to Proceed In Forma Pauperis The court has reviewed…