Opinion
1:21-cv-01079-NE-SAB
08-18-2021
FERNANDO GASTELUM, Plaintiff, v. CENTRAL VALLEY HOSPITALITY LLC, Defendant.
ORDER VACATING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS; DENYING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT; AND DIRECTING CLERK OF THE COURT TO ISSUE A SUMMONS AND NEW CASE DOCUMENTS (ECF NOS. 5, 6)
Fernando Gastelum (“Plaintiff”), proceeding pro se, filed a complaint in this action on July 12, 2021, bringing causes of action for violation of the Americans with Disabilities Act. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. On July 14, 2021, an order issued finding that Plaintiff's application to proceed in forma pauperis did not demonstrate entitlement to proceed in this action without prepayment of fees. (ECF No. 5.) Plaintiff was ordered to either file a long form application to proceed without prepayment of fees or pay the filing fee within twenty days. (Id.) On July 26, 2021, Plaintiff filed a long form application. (ECF No. 5.) On August 6, 2021, the Court issued findings and recommendations recommending that Plaintiffs application to proceed in forma pauperis be denied, and that he be required to pay the filing fee in this action. (ECF No. 6.) On August 17, 2021, Plaintiff paid the filing fee for this action. The Court has reviewed Plaintiffs complaint and finds that it contains sufficient factual allegations for a summons to issue.
The docket reflects this action was brought under 42 U.S.C. § 1983, and the Court will direct the Clerk of the Court to amend the docket to reflect that this action proceeds under the Americans with Disabilities Act.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff s application to proceed without prepayment of fees, filed July 26, 2021 (ECF No. 5), is DENIED as moot;
2. The findings and recommendations filed August 6, 2021 (ECF No. 6), is VACATED;
3. The Clerk of the Court is DIRECTED to amend the docket to reflect that the action was brought pursuant to the Americans with Disabilities Act; and
4. The Clerk of the Court is DIRECTED to issue civil new case documents and a summons in this action.
IT IS SO ORDERED.