(PC) Trotter v. Pfeiffer, No. 1:2018cv00259 - Document 49 (E.D. Cal. 2019)

Court Description: ORDER VACATING 47 Findings and Recommendations Regarding Dismissal of Action for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2019. (Orozco, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES TROTTER, 12 13 14 15 Plaintiff, v. Case No. 1:18-cv-00259-LJO-BAM (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE WARDEN PFEIFFER, et al., (ECF No. 47) Defendants. 16 17 Plaintiff James Trotter is a state prisoner currently proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on 19 January 22, 2018. (ECF No. 1.) 20 21 On March 22, 2019, the Court screened Plaintiff’s complaint and granted Plaintiff leave to file a first amended complaint. (ECF No. 24.) 22 On April 15, 2019, Plaintiff filed a first amended complaint. (ECF No. 27.) 23 On July 3, 2019, the Court issued a screening order finding that Plaintiff’s first amended 24 complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to state any cognizable 25 claim for relief. (ECF No. 37.) The Court granted Plaintiff thirty days to either file a second 26 amended complaint or a notice of voluntary dismissal. (Id. at 15-16.) 27 28 On August 1, 2019, the Court issued an order denying Plaintiff’s motion for new trial, review of evidence, immediate release, restoration of bail, and appointment of counsel. (ECF No. 1 1 2 3 4 5 41.) On August 9, 2019, the Court issued an order denying Plaintiff’s motion for new trial, review of evidence, resentencing, and appointment of counsel. (ECF No. 43.) Also, on August 9, 2019, Plaintiff filed a motion for an extension of time to file a second amended complaint. (ECF No. 44.) 6 On August 13, 2019, the Court issued an order granting Plaintiff’s motion for an extension 7 of time to file a second amended complaint and denying, without prejudice, Plaintiff’s motion for 8 appointment of counsel. (ECF No. 46.) 9 On August 22, 2019, the Court’s August 1, 2019 order was returned as “Undeliverable, 10 Inmate Refused.” Also, on August 22, 2019, the Court’s August 9, 2019 order was returned as 11 “Undeliverable, Refused.” On September 9, 2019, the Court’s August 13, 2019 order was 12 returned as “Undeliverable, Unable to Forward.” 13 On October 31, 2019, after Plaintiff failed to file a notice of change of address, file a 14 second amended complaint, or otherwise communicate with the Court for more than sixty-three 15 days, the undersigned issued findings and recommendations recommending that this action be 16 dismissed based on Plaintiff’s failure to prosecute this action. (ECF No. 47.) The findings and 17 recommendations were served on Plaintiff and contained notice that any objections thereto were 18 to be filed within fourteen (14) days after service. (Id. at 3.) 19 20 Rather than file objections to the findings and recommendations, Plaintiff filed a second amended complaint on November 18, 2019. (ECF No. 48.) 21 Accordingly, the October 31, 2019 findings and recommendations, (ECF No. 47), are 22 HEREBY VACATED. Plaintiff’s second amended complaint will be screened in due course. 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara November 20, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2

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