(PC) Marrero et al v. Zaragoza et al, No. 1:2010cv00509 - Document 44 (E.D. Cal. 2012)

Court Description: ORDER Vacating 41 Findings and Recommendations of October 25, 2012; Order Directing Clerk to File Plaintiff's 34 First Amended Complaint Which was Lodged on October 29, 2012, signed by Magistrate Judge Gary S. Austin on 11/30/12. (Gonzalez, R)

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(PC) Marrero et al v. Zaragoza et al Doc. 44 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWIN MARRERO, 12 13 14 1:10-cv-00509-LJO-GSA-PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS OF OCTOBER 25, 2012 (Doc. 41.) vs. VAN A ROSE, et al., ORDER DIRECTING CLERK TO FILE PLAINTIFF’S FIRST AMENDED COMPLAINT WHICH WAS LODGED ON OCTOBER 29, 2012 (Doc. 42.) 15 Defendants. 16 17 / 18 19 Plaintiff is a federal prisoner proceeding pro se with a civil rights action pursuant to Bivens v. 20 Six Unknown Agents, 42 U.S. 388 (1971). On October 25, 2012, the undersigned issued findings 21 and recommendations to dismiss this action, based on plaintiff’s failure to obey a court order 22 requiring him to file a First Amended Complaint. (Doc. 41.) On October 29, 2012, the court 23 received Plaintiff’s First Amended Complaint, which was lodged by the court. (Doc. 42.) On 24 November 29, 2012, Plaintiff filed objections to the findings and recommendations, asserting that he 25 had timely mailed the First Amended Complaint to the court on October 13, 2012. (Doc. 43.) In 26 light of the lodging of Plaintiff’s First Amended Complaint, and good cause appearing, the court 27 shall vacate the findings and recommendations and file the First Amended Complaint. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations of October 25, 2012 are VACATED; 3 2. The Clerk of Court is DIRECTED to file Plaintiff’s First Amended Complaint which 4 5 was lodged on October 29, 2012 (Doc. 42.); and 3. Plaintiff’s First Amended Complaint shall be screened in due time. 6 7 8 IT IS SO ORDERED. Dated: 6i0kij November 30, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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