(PC) Calderon v. Woodford et al, No. 1:2007cv01719 - Document 72 (E.D. Cal. 2009)
Court Description: ORDER GRANTING Plaintiff's Motion to Vacate 67 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Gary S. Austin on 11/24/2009. (Sondheim, M)
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(PC) Calderon v. Woodford et al Doc. 72 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 JUAN C. CALDERON, 8 Plaintiff, 9 vs. 1: 07 CV 01719 LJO YNP GSA (PC) ORDER RE MOTION (DOC 18) 10 11 12 13 JEANNE WOODFORD, et al., Defendants. 14 15 On November 10, 2009, findings and recommendations were entered, recommending 16 dismissal for failure to state a claim. The recommendation was based upon Plaintiff’s failure to 17 file an amended complaint in compliance with an earlier order dismissing the operative pleading 18 and granting Plaintiff leave to file an amended complaint. On November 12, 2009, Plaintiff filed 19 a motion for extension of time in which to file an amended complaint, which was granted on 20 November 17, 2009. On November 18, 2009, Plaintiff filed a motion to vacate the findings and 21 recommendations. 22 Good cause appearing, IT IS HEREBY ORDERED that Plaintiff’s motion to vacate the 23 November 10, 2009, findings and recommendations is granted. The November 10, 2009, 24 recommendation of dismissal is vacated. 25 26 1 Dockets.Justia.com 1 2 IT IS SO ORDERED. Dated: 6i0kij November 24, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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