(PC) Chappell v. Neubarth et al, No. 1:2006cv01378 - Document 11 (E.D. Cal. 2009)
Court Description: ORDER VACATING 9 FINDINGS AND RECOMMENDATIONS REFERRED BACK to Judge Wunderlich; the November 5, 2007, order to show cause is discharged signed by Magistrate Judge William M. Wunderlich on 02/05/2009. (Flores, E)
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(PC) Chappell v. Neubarth et al Doc. 11 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 REX CHAPPELL, Plaintiff, 8 vs. 9 1: 06 CV 1378 OWW WMW PC ORDER RE MOTION (DOC 29) 10 11 12 J. NEUBARTH, et al., Defendants. 13 14 On December 11, 2007, findings and recommendations were entered, recommending that 15 16 Plaintiff’s application to proceed in forma pauperis be denied pursuant to 28 U.S.C. §1915(g). 17 The recommendation was based upon Plaintiff’s failure to file a response to the November 5, 18 2007, order to show cause. On December 12, 2007, Plaintiff filed a response to the order to 19 show cause. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. The December 11, 2007, findings and recommendations are vacated. 22 2. The November 5, 2007, order to show cause is discharged. 23 IT IS SO ORDERED. 24 Dated: j14hj0 February 5, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 25 26 1 Dockets.Justia.com
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