(PC) Smith v. Green, No. 1:2009cv00600 - Document 11 (E.D. Cal. 2009)
Court Description: ORDER VACATING FINDINGS AND RECOMMENDATIONS 7 , signed by Magistrate Judge Dennis L. Beck on 8/12/09: The Court VACATES the Findings and Recommendations recommending dismissal of this action. (Hellings, J)
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(PC) Smith v. Green Doc. 11 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL LENOIR SMITH, 11 CASE NO. 1:09-CV-0600 AWI DLB PC Plaintiff, 12 ORDER VACATING FINDINGS AND RECOMMENDATIONS vs. [Doc. 7] 13 SGT. GREEN, 14 Defendant. / 15 16 Plaintiff Michael Lenoir Smith (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights 17 action pursuant to 42 U.S.C. § 1983. On June 11, 2009, the Court issued a Findings and 18 Recommendations recommending that this action be dismissed for Plaintiff’s failure to obey a court 19 order requiring him to pay the filing fee or submit and application to proceed in forma pauperis within 20 forty-five days. (Doc. 7.) Shortly after the Findings and Recommendations were issued, Plaintiff 21 submitted filed, and the Court granted, Plaintiff’s application to proceed in forma pauperis. (Docs. 8, 22 10.). Accordingly, the Court vacates the Findings and Recommendations recommending dismissal of 23 this action. 24 25 IT IS SO ORDERED. 26 Dated: 3b142a August 12, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1 Dockets.Justia.com
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