-GBC (PC) Hewitt v. State of California et al, No. 1:2009cv00661 - Document 31 (E.D. Cal. 2011)

Court Description: ORDER VACATING 29 FINDINGS AND RECOMMENDATIONS Recommending Dismissal for Failure to State a Claim signed by Magistrate Judge Gerald B. Cohn on 12/14/2011. (Jessen, A)
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-GBC (PC) Hewitt v. State of California et al Doc. 31 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 EDWARD HEWITT, CASE NO. 1:09-cv-00661-AWI-GBC (PC) 10 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL FOR FAILURE TO STATE A CLAIM 11 v. 12 STATE OF CALIFORNIA, et al., 13 Doc. 29 Defendants. 14 / 15 Plaintiff is a former prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. 16 § 1983. On October 4, 2011, the undersigned issued findings and recommendations, recommending 17 dismissal of this action for Plaintiff’s failure to state a claim. Doc. 29. On October 25, 2011, Plaintiff 18 filed his third amended complaint. Doc. 30. 19 Accordingly, IT IS ORDERED that the October 4, 2011, recommendation of dismissal is 20 HEREBY VACATED. 21 22 IT IS SO ORDERED. 23 24 25 Dated: 0jh02o December 14, 2011 UNITED STATES MAGISTRATE JUDGE 26 27 28 Dockets.Justia.com