(PC) Lynch v. Doe, et al, No. 1:2009cv02097 - Document 39 (E.D. Cal. 2012)
Court Description: ORDER Vacating FINDINGS AND RECOMMENDATIONS Of October 11, 2012 (Doc. 37 ), signed by Magistrate Judge Gary S. Austin on 10/17/2012. (Fahrney, E)
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(PC) Lynch v. Doe, et al Doc. 39 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONEY LYNCH, 10 Plaintiff, 11 12 1:09-cv-02097-AWI-GSA-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS OF OCTOBER 11, 2012 (Doc. 37.) vs. WARDEN OF PLEASANT VALLEY STATE PRISON, et al., 13 14 Defendants. / 15 16 Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. 17 On October 11, 2012, the undersigned issued findings and recommendations to dismiss this action 18 for failure to state a claim, based on plaintiff’s failure to obey a court order requiring him to file a 19 Second Amended Complaint. (Doc. 11.) On October 15, 2012, Plaintiff filed a Second Amended 20 Complaint. (Doc. 38.) In light of the filing of Plaintiff’s Second Amended Complaint, and good 21 cause appearing, the court shall vacate the findings and recommendations. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The findings and recommendations of October 11, 2012 are VACATED; and 24 2. Plaintiff’s Second Amended Complaint shall be screened in due time. 25 26 IT IS SO ORDERED. 27 Dated: 6i0kij October 17, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28 Dockets.Justia.com
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