(PC) Rowe v. Department of Corrections, No. 1:2006cv01171 - Document 16 (E.D. Cal. 2009)
Court Description: ORDER VACATING 14 FINDINGS AND RECOMMENDATIONS REFERRED BACK to Judge Snyder signed by Magistrate Judge Sandra M. Snyder on 1/13/2009. (Figueroa, O)
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(PC) Rowe v. Department of Corrections Doc. 16 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 DANIEL ROWE, 9 Plaintiff, 10 11 12 1:06-cv-01171-LJO-SMS-PC vs. ORDER VACATING FINDINGS AND RECOMMENDATIONS OF NOVEMBER 20, 2008 (Doc. 14.) DEPARTMENT OF CORRECTIONS, et al., Defendants. / 13 14 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a 15 civil rights action pursuant to 42 U.S.C. § 1983. On November 20, 2008, the undersigned 16 entered findings and recommendations to dismiss plaintiff’s case for failure to state a claim, 17 as a result of plaintiff’s failure to comply with the court’s order of April 28, 2005 which 18 dismissed the complaint and ordered plaintiff to file an amended complaint within thirty 19 days. (Doc. 14.) On November 25, 2008, plaintiff filed an amended complaint. (Doc. 15.) 20 Due to plaintiff’s submission of the amended complaint and good cause appearing, the 21 findings and recommendations of November 20, 2008 shall be vacated. 22 Based on the foregoing, IT IS HEREBY ORDERED that: 23 1. 24 The findings and recommendations of November 20, 2008 are VACATED; and 25 2. The court shall screen plaintiff’s amended complaint in due course. 26 27 IT IS SO ORDERED. 28 Dated: January 13, 2009 /s/ Sandra M. Snyder Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 icido3 UNITED STATES MAGISTRATE JUDGE
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