(PC) Gaston v. Redmon, No. 1:2009cv01434 - Document 24 (E.D. Cal. 2010)

Court Description: ORDER VACATING 15 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 22 Motion for an Extension of Time signed by Magistrate Judge Sheila K. Oberto on 09/15/2010. (Martin, S)
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(PC) Gaston v. Redmon Doc. 24 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY GASTON, 10 11 CASE NO. 1:09-cv-01434-AWI-SKO PC Plaintiff, ORDER VACATING RECOMMENDATIONS FINDINGS AND v. (Doc. 15) 12 TOMMY REDMON, and 13 Defendant. ORDER GRANTING DEFENDANT’S MOTION FOR AN EXTENSION OF TIME 14 15 (Doc. 22) / 16 17 18 Plaintiff Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On April 29, 2010, the Court issued Findings and Recommendations recommending 20 dismissal of this action. Plaintiff’s complaint was dismissed by the Court on February 11, 2010, for 21 failing to state any claims and Plaintiff was given leave to file an amended complaint. However, 22 Plaintiff did not file an amended complaint on time and the Findings and Recommendations issued. 23 Plaintiff subsequently requested and received two extensions of time to file objections to the 24 Findings and Recommendations. Plaintiff filed his first amended complaint on July 9, 2010. (Doc. 25 #21.) The Court will vacate the Findings and Recommendations and permit Plaintiff to proceed in 26 this action on his first amended complaint. 27 On July 14, 2010, Defendant filed a request that Plaintiff’s first amended complaint be 28 screened by the Court pursuant to 28 U.S.C. § 1915A(a). Defendant also requests that he receive 1 Dockets.Justia.com 1 an extension of time to file a response to Plaintiff’s first amended complaint. In light of the Court’s 2 statutory obligation to screen Plaintiff’s complaint, Defendant requests that the response be due 3 within thirty (30) days after the Court screens Plaintiff’s first amended complaint. The Court will 4 grant Defendant’s request. 5 Accordingly, it is HEREBY ORDERED that: 6 1. The April 29, 2010, Findings and Recommendations are VACATED; and 7 2. Defendant’s July 14, 2010, request is GRANTED. Defendant’s response to 8 Plaintiff’s first amended complaint shall be due within thirty (30) days of the Court’s 9 screening order on Plaintiff’s first amended complaint. 10 11 IT IS SO ORDERED. 12 Dated: ie14hj September 15, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2