Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., No. 2:20-cv-0839 JAM CKD P Plaintiff, v. ORDER AND R. SPENCER, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 On May 6, 2020, the court denied plaintiff’s request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). A recent unpublished Ninth Circuit decision calls into question the ability of a magistrate judge in the Ninth Circuit to deny a request to proceed in forma pauperis.1 Good cause appearing, the court will vacate the May 6, 2020 order. Instead, the court will recommend that the motion to proceed in forma pauperis be denied and that plaintiff be given14 days within which to pay the filing fee. Accordingly, IT IS HEREBY ORDERED that: 1. The court’s May 6, 2020 order is vacated; and 2. The court’s June 8, 2020 findings and recommendations, in which the court recommends, among other things, dismissal for plaintiff’s failure to pay the filing fee are…