(PC) Williams v. Garza et al, No. 1:2006cv01569 - Document 20 (E.D. Cal. 2009)
Court Description: ORDER VACATING 16 FINDINGS AND RECOMMENDATIONS; ORDERED that this action proceeds on the August 18, 2009 Second Amended Complaint, signed by Magistrate Judge Gary S. Austin on 09/21/2009. (Martin, S)
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(PC) Williams v. Garza et al Doc. 20 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LUMPKIN WILLIAMS, 10 11 12 CASE NO. 1:06-cv-01569-AWI-YNP PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS (Doc. 16) v. GARZA, et al., 13 Defendants. / 14 15 Plaintiff Lumpkin Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 20, 2009, the Court 17 dismissed the operative complaint in this action and gave Plaintiff 30 days to file an amended 18 complaint. (Doc. #14.) On July 9, 2009, Plaintiff had not yet filed an amended complaint and the 19 Court issued a findings and recommendation recommending that this action be dismissed for 20 Plaintiff’s failure to obey the May 20, 2009 order. (Doc. #16.) On July 10, 2009, Plaintiff filed a 21 motion for a extension of time to file his amended complaint. (Doc. #17.) The Court granted 22 Plaintiff’s motion for extention of time and Plaintiff filed his Second Amended Complaint on August 23 18, 2009. (Docs. #18, 19.) 24 25 26 27 Accordingly, it is HEREBY ORDERED that the July 9, 2009 findings and recommendation is vacated. This action proceeds on the August 18, 2009 Second Amended Complaint. IT IS SO ORDERED. Dated: 6i0kij September 21, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28 1 Dockets.Justia.com
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