(PC) Stockton v. The State of California et al, No. 1:2010cv00636 - Document 13 (E.D. Cal. 2010)

Court Description: ORDER Vacating Findings and Recommendations of July 30, 2010 10 , signed by Magistrate Judge Gary S. Austin on 9/17/2010. (Verduzco, M)
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(PC) Stockton v. The State of California et al Doc. 13 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 PERCY STOCKTON, 9 10 11 1:10-cv-00636-OWW-GSA-PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS OF JULY 30, 2010 (Doc. 10.) vs. STATE OF CALIFORNIA, et al., 12 Defendants. 13 / 14 15 16 17 Percy Stockton (“plaintiff”) is a prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On July 30, 2010, Findings and Recommendations issued, recommending that this action be 18 dismissed for plaintiff’s failure to obey the court's order of April 14, 2010 which ordered him to 19 either submit a certified copy of his prison trust account statement, or pay the $350.00 filing fee for 20 this action. (Doc. 10.) Plaintiff was granted an opportunity to file objections to the Findings and 21 Recommendations within thirty days. On August 30, 2010, Plaintiff submitted a certified copy of his 22 prison trust account statement. (Doc. 12.) Due to Plaintiff's compliance with the April 14, 2010 23 order, the Findings and Recommendations shall be vacated. 24 25 Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations which issued on July 30, 2010, are VACATED. 26 27 28 IT IS SO ORDERED. Dated: September 17, 2010 /s/ Gary S. Austin Dockets.Justia.com 1 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 6i0kij UNITED STATES MAGISTRATE JUDGE