(PC) Williams v. Davey et al, No. 1:2017cv00300 - Document 13 (E.D. Cal. 2017)

Court Description: ORDER VACATING 11 FINDINGS AND RECOMMENDATIONS Entered on November 17, 2017; ORDER Directing Clerk to File First Amended Complaint Lodged on December 4, 2017, signed by Magistrate Judge Gary S. Austin on 12/7/2017. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WILLIAMS, 12 13 Plaintiff, vs. 14 Defendants. ORDER VACATING FINDINGS AND RECOMMENDATIONS ENTERED ON NOVEMBER 17, 2017 (ECF No. 11.) DAVID DAVEY, et al., 15 1:17-cv-00300-DAD-GSA-PC 16 ORDER DIRECTING CLERK TO FILE FIRST AMENDED COMPLAINT LODGED ON DECEMBER 4, 2017 (ECF No. 12.) 17 18 19 John Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. 20 On November 17, 2017, the undersigned entered findings and recommendations to 21 dismiss this action for failure to state a claim, based on Plaintiff’s failure to file a First 22 Amended Complaint within thirty days, pursuant to the court’s order of October 3, 2017. (ECF 23 No. 11.) Plaintiff was granted fourteen days in which to file objections to the findings and 24 recommendations. On December 4, 2017, Plaintiff lodged his First Amended Complaint. 25 (ECF No. 12.) 26 Plaintiff has not filed objections to the findings and recommendations or explained why 27 his amended complaint is late. 28 Complaint for filing and vacate the findings and recommendations. Nonetheless, the court shall accept the First Amended 1 1 Accordingly, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that: 2 1. 3 4 The findings and recommendations entered on November 17, 2017, are VACATED; 2. 5 The Clerk is directed to FILE Plaintiff’s First Amended Complaint, which was lodged on December 4, 2017; 6 3. Plaintiff’s First Amended Complaint is deemed timely filed; and 7 4. The court shall screen the First Amended Complaint in due time. 8 9 10 11 IT IS SO ORDERED. Dated: December 7, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2