Renteria v. Jimenez et al, No. 1:2015cv01191 - Document 8 (E.D. Cal. 2016)
Court Description: ORDER VACATING the Court's screening order, document 5 , with findings and recommendations to issue. Order signed by Magistrate Judge Sandra M. Snyder on 1/5/2016. (Rooney, M)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JIMMY JACOB RENTERIA, Case No. 1:15-cv-01191- SMS 11 12 13 14 15 16 Plaintiff, ORDER VACATING SCREENING ORDER FILED ON DECEMBER 30, 2015 v. ADOLFO JIMENEZ, JOHN PIERRO, GUY TURNER, and DOES 1-10, Defendants. (Doc. 5) 17 18 On July 31, 2015, Plaintiff Jimmy Renteria, a state prisoner proceeding pro se and in forma 19 pauperis filed a complaint under 42 U.S.C. § 1983, alleging violations of his rights under the 20 United States Constitution. After reviewing the complaint and applicable law, the Court filed an 21 “Order Screening Complaint Under 28 U.S.C. § 1915A” on December 30, 2015, dismissing the 22 complaint in part and allowing Plaintiff to proceed on the surviving claims. Doc. 5. Such an order, 23 24 however, contravened established law that a magistrate judge cannot make a final and binding 25 disposition absent designation by a district judge or consent by the parties, and therefore issued in 26 error. See 28 U.S.C. § 636(b)(1), (c)(1); Local Rules 302-305. 27 28 To correct the error, the Court hereby vacates its December 30, 2015 order. Doc. 5. The Court will thereafter issue Findings and Recommendation under 28 U.S.C. § 636(b)(1) and Local 1 1 2 Civil Rule 302 of the United States District Court for the Eastern District of California. Plaintiff will have an opportunity to object to the findings and recommendation. 3 4 5 IT IS SO ORDERED. 6 Dated: 7 January 5, 2016 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 8 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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