(PC) Fleming v. United States of America et al, No. 1:2007cv00461 - Document 17 (E.D. Cal. 2009)
Court Description: ORDER vacating 13 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 10/8/2009. (Lundstrom, T)
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(PC) Fleming v. United States of America et al Doc. 17 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARVIN FLEMING, 10 11 CASE NO. 1:07-cv-00461-OWW-YNP PC Plaintiff, ORDER VACATING RECOMMENDATIONS FINDINGS AND v. (Doc. 13) 12 UNITED STATES OF AMERICA, et al., 13 Defendants. / 14 15 Plaintiff Marvin Fleming (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 16 pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau 17 of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil 18 rights by federal actors. 19 On August 25, 2009, a findings and recommendations was issued recommending dismissal 20 of this action for Plaintiff’s failure to prosecute. The recommendation was based on Plaintiff’s 21 failure to keep the court apprised of his current address. Plaintiff has since submitted a notice of 22 change of address. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the August 25, 2009 recommendation of dismissal is vacated. IT IS SO ORDERED. Dated: 6i0kij October 8, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 27 28 1 Dockets.Justia.com
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