(PC) Garcia v. Clark, et al., No. 1:2010cv00447 - Document 150 (E.D. Cal. 2014)
Court Description: ORDER WITHDRAWING Findings and Recommendations Issued on November 21, 2013 136 , signed by Magistrate Judge Dennis L. Beck on 12/25/14. (Hellings, J)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM P. GARCIA, 12 Plaintiff, 13 14 v. KEN CLARK, et al., 15 Case No. 1:10-cv-00447 LJO DLB PC ORDER WITHDRAWING FINDINGS AND RECOMMENDATION ISSUED ON NOVEMBER 21, 2013 [ECF No. 136] Defendants. 16 Plaintiff Wiiliam P. Garcia (“Plaintiff”) is a California state prisoner proceeding pro se and in 17 18 forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on March 19 12, 2010. On October 14, 2013, Defendants filed a motion to dismiss. ECF No. 132. On November 20 21 21, 2013, the Court issued a Findings and Recommendation which recommended the motion be 22 denied as untimely. On December 5, 2013, Defendants filed objections to the Findings and 23 Recommendation. Plaintiff filed a reply on December 18, 2013. Defendants object that their motion 24 is based on a lack of subject matter jurisdiction and argue that such a motion can be raised at any 25 /// 26 /// 27 /// 28 /// 1 1 2 time. Fed. R. Civ. P. 12(i). In light of Defendants’ objections, the Court hereby WITHDRAWS the Findings and Recommendation issued on November 21, 2013. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Dennis December 25, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 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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