(PC) Cramer v. Dickinson et al, No. 1:2008cv00375 - Document 25 (E.D. Cal. 2010)
Court Description: ORDER VACATING 20 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Michael J. Seng on 5/6/2010. (Sondheim, M)
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(PC) Cramer v. Dickinson et al Doc. 25 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 LATANYA CRAMER, 8 Plaintiff, 9 vs. 1: 08 cv 00375 AWI MJS PC ORDER VACATING FINDINGS AND RECOMMENDATIONS 10 11 12 13 14 S. DICKINSON, et al., Defendants. 15 16 17 18 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. ยง 1983. On February 10, 2010, findings and recommendations were entered recommending that 19 this action be dismissed for failure to state a claim upon which relief can be granted. On 20 February 22, 2010, Plaintiff filed objections to the findings and recommendations. 21 In her objections, Plaintiff indicated that subsequent to her release from custody, she had 22 attempted, apparently without success, to retrieve copies of her legal documents. This objection 23 suggested the possibility that Plaintiff had not received a copy of the order dismissing her 24 original complaint. Accordingly, on March 8, 2010, the court ordered that its June 18, 2009, 25 order dismissing the original complaint be sent to Plaintiff. Plaintiff was granted a thirty day 26 1 Dockets.Justia.com 1 extension of time thereafter in which to file an amended complaint. On March 22, 2010, 2 Plaintiff filed a second amended complaint. Accordingly, given the filing of the second amended complaint, IT IS ORDERED that the 3 4 February 10, 2010, recommendation of dismissal be and hereby is vacated. 5 6 7 IT IS SO ORDERED. 8 Dated: ci4d6 May 6, 2010 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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