(PC) Foster v. Bhambi, et al., No. 1:2010cv01288 - Document 13 (E.D. Cal. 2012)
Court Description: ORDER VACATING 11 FINDINGS AND RECOMMENDATIONS and ORDER GRANTING Extension of Time to File Amended Complaint, signed by Magistrate Judge Gary S. Austin on 1/23/2012. Amended Complaint due within thirty (30) days. (Jessen, A)
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(PC) Foster v. Bhambi, et al. Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN FOSTER, 12 13 14 1:10-cv-01288-AWI-GSA-PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS OF JANUARY 5, 2012 (Doc. 11.) vs. DR. BHAMBI, M.D., et al., ORDER GRANTING EXTENSION OF TIME TO FILE AMENDED COMPLAINT 15 Defendants. 16 THIRTY DAY DEADLINE 17 / 18 19 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 20 § 1983. On January 5, 2012, the undersigned issued findings and recommendations to dismiss this 21 action for failure to state a claim, based on plaintiff’s failure to file an amended complaint in 22 compliance with the court's order of November 30, 2011. (Doc. 11.) On January 19, 2012, Plaintiff 23 filed objections to the findings and recommendations, presenting evidence that he mailed an 24 amended complaint to the court on December 27, 2011. (Doc. 12.) 25 There is no evidence on the court's record that the court received and filed an amended 26 complaint in this action. However, good cause appearing, the court shall vacate the findings and 27 recommendations and grant plaintiff an extension of time to file the amended complaint. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations of January 5, 2012 are VACATED; 3 2. Plaintiff is granted an extension of time to file an amended complaint; 4 3. Within thirty days from the date of service of this order, Plaintiff shall file an 5 amended complaint, in compliance with the Court’s order of November 30, 6 2011; and 7 4. 8 Plaintiff’s failure to comply with this order shall result in a recommendation that this action be dismissed. 9 10 IT IS SO ORDERED. 11 Dated: 6i0kij January 23, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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