(PC) Placencio v. Yates et al, No. 1:2009cv01483 - Document 9 (E.D. Cal. 2010)

Court Description: ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 3/4/2010. This action proceeds on the February 22, 2010, 8 First Amended Complaint. (Jessen, A)

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(PC) Placencio v. Yates et al Doc. 9 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 ERNEST REYES PLACENCIO, Plaintiff, 6 vs. 7 1: 09 CV 01483 AWI YNP GSA (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS 8 9 JAMES YATES, et al., Defendants. 10 11 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action 12 13 pursuant to 42 U.S.C. ยง 1983. 14 On January 6, 2010, an order was entered, dismissing the original complaint and granting 15 Plaintiff leave to file an amended complaint. Plaintiff failed to do so, and on February 8, 2010, a 16 recommendation of dismissal was entered. On February 22, 2010, Plaintiff filed a first amended 17 complaint. 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The February 8, 2010, recommendation of dismissal is vacated. 20 2. This action proceeds on the February 22, 2010, first amended complaint. 21 IT IS SO ORDERED. 22 Dated: 23 6i0kij March 4, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 1 Dockets.Justia.com

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