(PC) Dillingham v. Emerson, No. 1:2018cv00507 - Document 44 (E.D. Cal. 2019)

Court Description: ORDER VACATING 34 FINDINGS AND RECOMMENDATIONS Issued on September 19, 2018 signed by Magistrate Judge Stanley A. Boone on 1/14/2019. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 JERRY DILLINGHAM, 12 13 14 15 Plaintiff, v. N. EMERSON, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) No. 1:18-cv-00507-AWI-SAB (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED ON SEPTEMBER 19, 2018 (ECF No. 34) 17 18 19 Plaintiff Jerry Dillingham is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. §§ 1983, 1985 and 1986. 20 On September 19, 2018, the undersigned screened Plaintiff’s amended complaint, (ECF No. 10), 21 and issued findings and recommendations recommending that this case proceed against Defendants 22 Emerson, Wilson, Wescoat, Velasco, Martines, and Loflen, in their individual capacities, for conditions 23 of confinement in violation of the Eighth Amendment, and that all other claims and defendants be 24 dismissed. (ECF No. 34.) Plaintiff was served with the findings and recommendations, and permitted 25 thirty days to file any objections. (Id. at 7-8.) 26 Plaintiff filed objections, on extension, dated November 28, 2018, which showed some intent to 27 add to or clarify his factual allegations. (ECF No. 41.) Therefore, on December 11, 2018, the Court 28 granted Plaintiff leave to file a second amended complaint within thirty (30) days. (ECF No. 42.) 1 1 On January 11, 2019, Plaintiff filed a second amended complaint. (ECF No. 43.) 2 Accordingly, because Plaintiff has filed a second amended complaint, IT IS HEREBY 3 ORDERED that: 4 1. 5 The Findings and Recommendations issued on September 19, 2018 (ECF No. 34), are vacated; and 2. 6 The Court will screen Plaintiff’s second amended complaint in due course. 7 8 IT IS SO ORDERED. 9 Dated: 10 January 14, 2019 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.