(PC) Koch v. Ahlin et al, No. 1:2018cv00546 - Document 14 (E.D. Cal. 2018)
Court Description: ORDER VACATING 12 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 09/10/2018. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROLAND THOMAS KOCH, 12 13 14 15 Plaintiff, vs. 1:18-cv-00546-LJO-GSA-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF No. 12.) PAM AHLIN, et al., Defendants. 16 17 18 Roland Koch (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. 20 commencing this action on April 19, 2018. (ECF No. 1.) Plaintiff filed the Complaint 21 On August 27, 2018, the court entered findings and recommendations to dismiss this case 22 for Plaintiff’s failure to prosecute, based on the return of Plaintiff’s mail to the court from 23 Plaintiff’s address of record as undeliverable between June 11, 2018 and June 18, 2018. (ECF 24 No. 12.) On September 18, 2018, Plaintiff filed objections to the findings and recommendations. 25 (ECF No. 13.) Therein, Plaintiff explains that in June 2018, he was transferred from Coalinga 26 State Hospital to Sacramento County Main Jail for a court appearance on August 15, 2018, and 27 during that time he did not have this court’s address, stamps, paper, or envelopes to write to the 28 court. Plaintiff is now returned to Coalinga State Hospital and can litigate his case. 1 2 The court finds good cause to vacate the findings and recommendations entered on August 27, 2018. 3 Therefore, in light of the foregoing, IT IS HEREBY ORDERED that: 4 1. 5 6 The findings and recommendations entered on August 27, 2018, are VACATED; and 2. Plaintiff’s Complaint shall be screened by the court in due course. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 10, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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