(PC) Gomez v. Gipson et al, No. 1:2015cv00726 - Document 19 (E.D. Cal. 2016)

Court Description: ORDER VACATING 13 FINDINGS AND RECOMMENDATIONS Issued March 11, 2016 signed by Magistrate Judge Stanley A. Boone on 6/16/2016. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIEL GOMEZ, 12 Plaintiff, 13 14 v. C. GIPSON, et al., 15 Defendants. 16 Case No.: 1:15-cv-00726-LJO-SAB (PC) ORDER VACATING FINDINGS AND RECOMMENDATION ISSUED MARCH 11, 2016 [ECF No. 13] Plaintiff Gabriel Gomez is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. On February 2, 2016, the Court screened and dismissed Plaintiff’s original complaint, with 19 20 leave to amend, for failure to state a cognizable claim. (ECF No. 12.) After Plaintiff failed to file an 21 amended complaint or otherwise respond to the Court’s order within the thirty day time, Findings and 22 Recommendations recommending dismissal of the action were issued on March 11, 2016. (ECF No. 23 13.) 24 On April 19, 2016, the Court granted Plaintiff an extension of time to file objections to the 25 Findings and Recommendations. (ECF No. 17.) In lieu of filing objections, Plaintiff filed an amended 26 complaint on May 26, 2016. In light of the fact that Plaintiff has now filed an amended complaint, the 27 Court will vacate the Findings and Recommendations issued March 11, 2016. However, Plaintiff is 28 1 1 advised that any and all deadlines will be strictly enforced by the Court, and his failure to comply with 2 deadlines may result in dismissal of the action for failure to prosecute. Accordingly, it is HEREBY ORDERED that the Findings and Recommendation issued March 3 4 11, 2016, is VACATED. 5 6 IT IS SO ORDERED. 7 Dated: 8 June 16, 2016 UNITED STATES MAGISTRATE JUDGE 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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