(PC) Fuller v. Yates et al, No. 1:2008cv00465 - Document 19 (E.D. Cal. 2009)
Court Description: ORDER VACATING FINDINGS AND RECOMMENDATIONS of November 5, 2009 17 , signed by Magistrate Judge Gary S. Austin on 12/16/09: The Court shall screen the Second Amended Complaint in due course.(Hellings, J)
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(PC) Fuller v. Yates et al Doc. 19 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 KELVIN FULLER, 10 11 12 1:08-cv-00465-LJO-GSA-PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS OF NOVEMBER 5, 2009 (Doc. 17.) vs. YATES, et al., 13 Defendants. / 14 15 Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. 16 On November 5, 2009, the undersigned issued findings and recommendations to dismiss this action 17 for plaintiff’s failure to obey a court order requiring him to file a second amended complaint. (Doc. 18 17.) Plaintiff was granted an opportunity to file objections to the findings and recommendations 19 within thirty days. On November 23, 2009, plaintiff submitted a second amended complaint which 20 was filed by the clerk. (Doc 18.) In light of the fact that plaintiff has now submitted the second 21 amended complaint, the findings and recommendations shall be vacated. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. 24 25 The findings and recommendations issued on November 5, 2009, are VACATED in their entirety; and 2. The Court shall screen the second amended complaint in due course. 26 27 28 IT IS SO ORDERED. Dated: December 16, 2009 /s/ Gary S. Austin Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6i0kij UNITED STATES MAGISTRATE JUDGE
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