(HC) Satterfield v. Cates, et al., No. 1:2010cv01468 - Document 14 (E.D. Cal. 2011)

Court Description: ORDER VACATING FINDINGS AND RECOMMENDATIONS Issued October 22, 2010 7 , signed by Magistrate Judge Dennis L. Beck on 1/27/11. (Hellings, J)

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(HC) Satterfield v. Cates, et al. Doc. 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LEWIS J. SATTERFIELD, 10 11 1:10-cv-01468-OWW-DLB (HC) Petitioner, ORDER VACATING FINDINGS AND RECOMMENDATION ISSUED OCTOBER 22, 2010 v. 12 [Doc. 7] J.D. HARTLEY, 13 Respondent. 14 / 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. ยง 2254. 17 On September 9, 2010, the Court dismissed the instant petition for writ of habeas corpus 18 with leave to amend. Petitioner failed to file an amended petition, and the Court issued Findings 19 and Recommendations to dismiss the action on October 22, 2010. 20 Just two days later, on October 25, 2010, Petitioner filed an amended petition. Then, on 21 November 9, 2010, Petitioner filed objections to the Findings and Recommendation. Because 22 Petitioner filed an amended petition, the Court will vacate the Findings and Recommendation 23 recommending dismissal of the action for failure to prosecute. 24 IT IS SO ORDERED. 25 26 Dated: 3b142a January 27, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1 Dockets.Justia.com

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