-JLT (PC) Beiruti v. Corrections Corporation of America and its Officers et al, No. 1:2009cv01041 - Document 45 (E.D. Cal. 2011)

Court Description: ORDER WITHDRAWING 41 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Jennifer L. Thurston on 12/20/2011. (Jessen, A)
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-JLT (PC) Beiruti v. Corrections Corporation of America and its Officers et al Doc. 45 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 ISSA SANAD BEIRUTI, ) ) Plaintiff, ) ) vs. ) ) CORRECTIONS CORPORATION OF ) AMERICA AND ITS OFFICERS, et al., ) ) Defendants. ) ______________________________________ ) Case No.: 1:09-cv-01041 LJO JLT (PC) ORDER WITHDRAWING FINDINGS & RECOMMENDATION (Doc. 41) 17 By order filed September 2, 2011, the Court reassigned this matter based upon the retirement of 18 the previously assigned judge. (Doc. 40) However, on September 13, 2011, the Court’s order was 19 returned as undeliverable because Plaintiff was not longer at this address. 20 On December 5, 2011, the Court issued Findings and Recommendations dismissing the matter 21 due to Plaintiff’s failure to keep the Court apprised of his address. (Doc. 41) Though the Court served 22 this order to Plaintiff at the Eloy Detention Center–the same address used to serve the September 2, 2011 23 order, for whatever reason, this time, the mail was received by Plaintiff. 24 This situation is inexplicable but it does not appear that Plaintiff played any role in the failure 25 to obtain his mail. The current address for Plaintiff is the same address he provided on June 30, 2011. 26 (Doc. 38) Therefore, good cause appearing, the Court ORDER the December 5, 2011 Findings and 27 Recommendations to be WITHDRAWN. 28 The Court will issue a decision on Defendant Morris’ motion to dismiss (Doc. 23) as soon as 1 Dockets.Justia.com 1 possible. 2 IT IS SO ORDERED. 3 Dated: December 20, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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 2