Giles Aubrey, Jr., Plaintiff-appellant, v. Charles D. Marshall, Warden, et al., Defendants-appellees, 992 F.2d 1219 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 992 F.2d 1219 (9th Cir. 1993) Submitted April 27, 1993. Decided May 4, 1993

Before BROWNING, KOZINSKI and RYMER, Circuit Judges.


ORDER

The district court dismissed Aubrey's civil rights action for failure to comply with the court's September 24, 1992 order directing him to file a response to the defendants' Special Report/Summary Judgment Motion by October 6, 1992.

However, it appears that Aubrey filed such a verified document on September 29, 1992, entitled "Memorandum of Points and Authorities in Support of Motion for Judgment for Plaintiff in Civil Rights Action."

Accordingly, we vacate the district court's order of dismissal and remand for further proceedings.

VACATED and REMANDED.

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