(PS) Arunga et al v. American Civil Liberties Union Foundation et al, No. 2:2008cv02525 - Document 45 (E.D. Cal. 2009)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/2009 ORDERING 11 Findings and Recommendations are VACATED.(Matson, R)

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(PS) Arunga et al v. American Civil Liberties Union Foundation et al Doc. 45 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES AGGREY-KWEGGYIRR ARUNGA and DOREEN H. LEE, 11 Plaintiffs, No. CIV S-08-2525 GEB DAD PS 12 vs. 13 14 15 16 17 AMERICAN CIVIL LIBERTIES UNION FOUNDATION, et al., ORDER Defendants. / Plaintiffs James Aggrey-Kweggyirr Arunga and Doreen H. Lee are proceeding pro 18 se. From October 24, 2008, through November 5, 2008, all court documents served on plaintiff 19 Lee by U.S. mail were returned as undeliverable. Returned mail included documents sent to 20 plaintiff Lee at both addresses shown on plaintiffs’ complaint. In findings and recommendations 21 filed November 12, 2008, the undersigned recommended that plaintiff Lee’s claims be dismissed 22 from this action due to her apparent failure to keep the court apprised of her current address, as 23 required by Local Rule 83-182(f). The copy of the findings and recommendations that was 24 served on plaintiff Lee was returned to the court as undeliverable on November 18, 2008. 25 26 On November 14, 2008, however, plaintiffs filed objections to the findings and recommendations, asserting that they “have now corrected the error.” The current docket reflects 1 Dockets.Justia.com 1 that no mail sent to the post office box address has been returned since November 18, 2008. 2 Good cause appearing, the findings and recommendations will be vacated. 3 Accordingly, IT IS HEREBY ORDERED that this court’s November 12, 2008 4 findings and recommendations (Doc. No. 11) are vacated. 5 DATED: February 6, 2009. 6 7 8 9 DAD:kw Ddad1/orders.prose/arunga2525.ncaf&r.vac 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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