(PC) Martinez v. Davey et al, No. 1:2016cv00084 - Document 20 (E.D. Cal. 2016)
Court Description: ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Barbara A. McAuliffe on 6/6/16. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ, 12 13 14 Plaintiff, v. D. DAVEY, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00084-LJO-BAM (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF No. 17) 17 18 Plaintiff Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s action was transferred to 20 this Court on January 20, 2016. 21 On January 20, 2016, March 7, 2016, and April 20, 2016, the Court ordered Plaintiff to either 22 consent to or decline to Magistrate Judge jurisdiction. (ECF Nos. 12, 14, 15.) Plaintiff failed to comply 23 with those orders. Consequently, on May 17, 2016, the Court issued findings and recommendations 24 recommending dismissal of this action for failure to prosecute and failure to obey a court order. (ECF 25 No. 17.) 26 On May 31, 2016, Plaintiff filed objections to the findings and recommendations, explaining 27 that he was unable to communicate with the Court for various reasons, including that he was injured 28 and recovering, was in protective custody, and was in the process of being transferred to other 1 1 institutions. (ECF No. 19.) Plaintiff also filed his form opting to decline to the jurisdiction of a United 2 States Magistrate Judge. (ECF No. 18.) 3 In these circumstances, the Court finds it proper to vacate its findings and recommendations. 4 Plaintiff has sufficiently explained his inability to respond to the Court’s prior orders, and is now in 5 compliance. 6 Accordingly, it is HEREBY ORDERED that the Findings and Recommendations issued on 7 May 17, 2016 (ECF No. 17) are VACATED. Plaintiff’s complaint will be screened in due course, 8 pursuant to 28 U.S.C. § 1915A(a). 9 10 11 12 IT IS SO ORDERED. Dated: /s/ Barbara June 6, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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