(PC) Boone v. Garcia et al, No. 1:2023cv00173 - Document 16 (E.D. Cal. 2023)
Court Description: ORDER WITHDRAWING 13 Findings and Recommendations Issued on March 31, 2023, signed by Magistrate Judge Gary S. Austin on 4/12/2023. (Marrujo, C)
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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 EMANUEL L. BOONE, 8 9 10 Plaintiff, vs. GARCIA, et al., 11 1:23-cv-00173-ADA-GSA-PC ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS ISSUED ON MARCH 31, 2023 (ECF No. 13.) Defendants. 12 13 On March 31, 2023, the Court issued findings and recommendations, recommending that 14 this case be dismissed based on Plaintiff’s failure to comply with the Court’s order issued on 15 February 6, 2023 requiring Plaintiff to complete and submit the Court’s consent/decline form 16 within 30 days. (ECF No. 13.) On April 11, 2023, Plaintiff filed objections to the findings and 17 recommendations. (ECF No. 14.) Plaintiff also filed a completed consent/decline form in 18 compliance with the Court’s February 6, 2023 order. (ECF No. 15.) 19 20 21 22 In light of the fact that Plaintiff filed a completed consent/decline form on April 11, 2023, the court shall withdraw the findings and recommendations issued on March 31, 2023. Accordingly, IT IS HEREBY ORDERED that the findings and recommendations issued on March 31, 2023, are WITHDRAWN. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: April 12, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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