(PC) Sims v. Gutierrez et al, No. 1:2015cv01214 - Document 10 (E.D. Cal. 2015)

Court Description: ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Michael J. Seng on 12/14/2015. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MARION SIMS, 12 13 14 Plaintiff, v. 1:15-cv-01214-MJS (PC) ORDER VACATING FINDINGS AND RECOMMENDATION (ECF NO. 7) J. GUTIERREZ, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed 18 pursuant to 42 U.S.C. § 1983. On November 13, 2015, the undersigned issued findings 19 and a recommendation that this action be dismissed for Plaintiff’s failure to comply with a 20 court order. (ECF No. 7.) Plaintiff has now filed objections to the recommendation. 21 Good cause appearing, IT IS HEREBY ORDERED that the November 13, 2015, 22 findings and recommendation (ECF No. 7) are VACATED. 23 24 IT IS SO ORDERED. 25 26 Dated: December 14, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 27 28 1 1 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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