Opinion
1:22-cv-01470-HBK (HC)
01-19-2023
GREGORY C. JONES, Petitioner, v. B.M. TRATE, Warden-USP Atwater, Respondent.
ORDER VACATING JANUARY 6, 2023 FINDINGS AND RECOMMENDATIONS (Doc. No. 7) ORDER MOOTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. No. 2)
HELENA M. BARCH-KUCHfA UNITED STATES MAGISTRATE JUDGE
Petitioner Gregory C. Jones is a federal prisoner proceeding pro se on his petition for writ of habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 1). On November 14, 2022, Petitioner moved for leave to proceed in forma pauperis. (Doc. No. 2). On January 6, 2023, after Petitioner failed to timely respond to a November 22, 2022 order to show cause why the motion to proceed in forma pauperis should not be denied due to Petitioner having sufficient funds in his inmate trust fund account, the undersigned issued Findings and Recommendations recommending that Petitioner's application to proceed in forma pauperis be denied and he be assessed the $5.00 filing fee. (Doc. Nos. 4, 7). On January 17, 2023, before the expiration of the fourteen-day objection period, the Court received the $5.00 filing fee (receipt no. CAE100052061) for the benefit of Petitioner.
Accordingly, it is ORDERED:
1. The January 6, 2023 Findings and Recommendations (Doc. No. 7) are VACATED.
2. Petitioner ‘s motion for leave to proceed in forma pauperis (Doc. No. 2) is MOOT.