(PC) Ortega v. Yates et al, No. 1:2009cv01476 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER VACATING 12 Findings and Recommendations signed by Magistrate Judge Sheila K. Oberto on 9/7/2010. (Sant Agata, S)
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(PC) Ortega v. Yates et al Doc. 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD ORTEGA, 10 CASE NO. 1:09-cv-01476-AWI-SKO PC Plaintiff, 11 ORDER VACATING RECOMMENDATIONS FINDINGS AND v. (Doc. 12) 12 WARDEN JAMES A. YATES, et al., 13 Defendants. / 14 15 Plaintiff Edward Ortega (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 16 action pursuant to 42 U.S.C. § 1983. On August 11, 2010, the Court issued a Findings and 17 Recommendations that recommended that this action be dismissed due to Plaintiff’s failure to obey 18 a court order. (Doc. #12.) The Findings and Recommendations issued after Plaintiff failed to file 19 an amended complaint within the given deadline. 20 Plaintiff filed objections to the Findings and Recommendations on August 26, 2010. Plaintiff 21 argues that he mailed his amended complaint on time and does not know why the Court did not 22 receive it. Plaintiff attached another copy of his amended complaint to his objections. 23 Accordingly, it is HEREBY ORDERED that the August 11, 2010 Findings and 24 Recommendations are VACATED. This action shall proceed on the amended complaint filed on 25 August 26, 2010. 26 IT IS SO ORDERED. 27 Dated: ie14hj September 7, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1 Dockets.Justia.com