(PS) Singh v. City of Sacramento et al, No. 2:2015cv00997 - Document 16 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 1/6/2016 VACATING the 10 Findings and Recommendations. (Zignago, K.)
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(PS) Singh v. City of Sacramento et al Doc. 16 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RAJ SINGH, 11 12 13 14 No. 2:15-cv-0997 MCE AC (PS) Plaintiff, v. ORDER CITY OF SACRAMENTO, et al., Defendants. 15 16 17 18 Plaintiff is proceeding in this action in pro per, and in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. This proceeding was referred to the undersigned by E.D. Cal. R. 302(c)(21). On December 3, 2015, the undersigned recommended that this action be dismissed for 19 lack of prosecution after plaintiff repeatedly failed to file a statement establishing that he had 20 submitted the required service documents to the U.S. Marshal. ECF No. 10. On December 8, 21 2015, however, a Waiver of Service of Summons was filed, showing service of the summons and 22 complaint on defendant City of Sacramento. ECF No. 11. The case may therefore proceed, and 23 the court notes that defendant has now moved to dismiss the complaint. 24 Accordingly, IT IS HEREBY ORDERED that the December 3, 2015 Findings and 25 Recommendations (ECF No. 10) are VACATED. 26 DATED: January 6, 2016 27 28 Dockets.Justia.com
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