(PS) Reyes v. Kaiser Permanente Foundation Hospital

Good Law
United States District Court, Eastern District of CaliforniaApril 27, 20212:21-cv-00571California2,095 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IRVIN REYES, No. 2:21-cv-0571-KJM-CKD PS Plaintiff, v. ORDER KAISER PERMANENTE FOUNDATION (ECF Nos. 1-3)

HOSPITAL,

15 Defendant.

17 Plaintiff is proceeding without counsel in this action1—his third federal suit against Kaiser Permanente. Initially, when he filed his complaint, plaintiff requested leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (ECF No. 2.) On April 19, 2021, the undersigned issued findings and recommendations conducting the statutory IFP screening and recommending that the court deny IFP status and dismiss plaintiff’s complaint as barred by res judicata. (ECF No. 3.) The following week, on April 26, 2021, plaintiff paid the filing fee. (Dkt. 4/26/2021.) Accordingly, plaintiff’s IFP request is now moot, and the April 19, 2021 findings and recommendations must be vacated because IFP screening is no longer appropriate. However, the 26 27 1 This action is referred to the undersigned for…

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