(PC) Brammer v. Mendoza-Powers et al, No. 1:2010cv01261 - Document 18 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Gerald B. Cohn on 11/7/2011 vacating 16 FINDINGS AND RECOMMENDATIONS. (Lundstrom, T)
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(PC) Brammer v. Mendoza-Powers et al Doc. 18 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JAMES W. BRAMMER, CASE NO. 1:10-cv-01261-AWI-GBC (PC) 10 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL FOR FAILURE TO STATE A CLAIM 11 v. 12 K. MENDOZA-POWERS, et al., 13 (Doc. 16) Defendants. 14 / 15 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. ยง 1983. 16 On October 11, 2011, findings and recommendations were entered, recommending dismissal of this 17 action for Plaintiff's failure to state a claim. Doc. 16. On October 12, 2011, Plaintiff filed his first 18 amended complaint. Doc. 17. A complaint may be amended once as a matter of course. Fed. R. Civ. 19 P. 15(a). 20 Accordingly, IT IS HEREBY ORDERED that the October 11, 2011 recommendation of 21 dismissal is vacated. 22 23 IT IS SO ORDERED. 24 25 26 Dated: 0jh02o November 7, 2011 UNITED STATES MAGISTRATE JUDGE 27 28 Dockets.Justia.com
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