(PC) Arcenaux v. Schwarznegger et al, No. 1:2010cv00355 - Document 8 (E.D. Cal. 2010)

Court Description: ORDER VACATING 6 FINDINGS AND RECOMMENDATIONS; Re-serving First Informational Order 3 and Complaint 1 , Signed by Magistrate Judge Michael J. Seng on 6/29/2010. (Marrujo, C)

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(PC) Arcenaux v. Schwarznegger et al Doc. 8 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JOHN ARCENAUX, CASE NO. 1:10-cv-355-AWI-MJS (PC) 9 Plaintiff, ORDER VACATING RECOMMENDATION 10 FINDINGS AND v. 11 (ECF No. 6) ARNOLD SCHWARZENEGGER, et al., 12 Defendants. 13 / 14 15 Plaintiff John Arcenaux (“Plaintiff”) is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 17, 2010, 17 the Court recommended that this action be dismissed for failure to prosecute based on 18 Plaintiff’s failure to keep the Court apprised of his address. 19 Recommendation to Dismiss for Pl.’s Failure to Prosecute 2, ECF No. 6.) Plaintiff objected 20 to the Court’s recommendation and included his current address. (Obj., ECF No. 7.) (Findings and 21 Because the Court can now maintain contact with the Plaintiff, the Court’s 22 recommendation that Plaintiff’s case be dismissed is no longer appropriate. Accordingly, 23 the Court’s Findings and Recommendation (ECF No. 6) is VACATED. 24 The Court notes that Plaintiff was never served with the First Information Order. 25 The Clerk is ORDERED to resend the First Informational Order to the Plaintiff along with 26 a copy of this order. 27 IT IS SO ORDERED. 28 Dated: June 29, 2010 /s/ Michael J. Seng Dockets.Justia.com 1 ci4d6 UNITED STATES MAGISTRATE JUDGE 2 3 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-

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