(PC) Allen v. Stanislaus County et al, No. 1:2013cv00012 - Document 37 (E.D. Cal. 2014)

Court Description: ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED NOVEMBER 3, 2014 AND DISCHARGING ORDER TO SHOW CAUSE re 29 , 35 , 36 signed by Magistrate Judge Stanley A. Boone on 11/4/2014. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COLUMBUS ALLEN, JR. 12 13 14 Plaintiff, v. STANISLAUS COUNTY, et al., 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-00012-AWI-SAB (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED NOVEMBER 3, 2014, AND DISCHARGING ORDER TO SHOW CAUSE [ECF Nos. 29, 35, 36] Plaintiff Columbus Allen, Jr. is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 29, 2014, Defendants filed a motion to dismiss the instant complaint. Plaintiff failed 20 to file an opposition or statement of opposition pursuant to Local Rule 230(l). Accordingly, on 21 September 25, 2014, the Court ordered Plaintiff to show cause within thirty days as to why the action 22 should not be dismissed for Plaintiff’s failure to prosecute the action. 23 On November 3, 2014, the undersigned issued a Findings and Recommendation to dismiss the 24 action based on Plaintiff’s failure to prosecute. However, on this same date, Plaintiff filed a response 25 to the Court’s September 25, 2014, order to show cause. 26 Accordingly, in light of Plaintiff’s response to the Court’s order to show cause, the Court will 27 vacate the Findings and Recommendations issued November 3, 2014, and discharge the pending order 28 to show cause. 1 In addition, the Court has reviewed Plaintiff’s response to the order to show cause and will 1 2 construe it as, not only a response to the order to show cause, but also an opposition to Defendants’ 3 motion to dismiss. Thus, any reply by Defendants is due in accordance with the applicable rules 4 deadline set forth in Local Rule 230(l). 5 Based on the foregoing, 6 IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendation issued November 3, 2014, is VACATED; 8 2. The Order to Show Cause issued September 25, 2014, is DISCHARGED; and 9 3. Plaintiff’s response to the Order to Show Cause is construed as an Opposition to Defendants’ pending motion to dismiss. 10 11 12 IT IS SO ORDERED. 13 Dated: 14 November 4, 2014 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2