(PC) Smith v. Allison et al, No. 1:2010cv01814 - Document 19 (E.D. Cal. 2013)
Court Description: ORDER WITHDRAWING the FINDINGS AND RECOMMENDATIONS Issued February 13, 2013 17 , signed by Magistrate Judge Jennifer L. Thurston on 2/21/13. (Hellings, J)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LAWRENCE SMITH, 11 12 13 Plaintiff, v. K. ALLISON, et al., 14 Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-01814 - LJO - JLT ORDER WITHDRAWING THE FINDINGS AND RECOMMENDATIONS ISSUED FEBRUARY 13, 2013 (Doc. 17) On February 13, 2013, the Court recommended the action be dismissed for Plaintiff’s failure to 17 prosecute and failure to comply with the Court’s order to file an amended complaint. (Doc. 17). 18 Plaintiff was given fourteen days from the date of service to file any objections. Id. at 3. On February 19 15, 2013, Plaintiff filed a First Amended Complaint. (Doc. 18). Although untimely, it will be 20 accepted by the Court. However, Plaintiff is admonished to comply with the deadlines set forth by the 21 Court in the future, or dismissal with be recommended pursuant to Local Rule 110. 22 23 Accordingly, IT IS HEREBY ORDERED: The Findings and Recommendations issued February 13, 2013 are WITHDRAWN. 24 25 26 27 IT IS SO ORDERED. Dated: February 21, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 28 1 1 9j7khijed 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 2
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