(PC) Morrison v. Just et al, No. 2:2009cv01544 - Document 26 (E.D. Cal. 2012)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 11/06/12 ORDERING that the 20 Order Adopting Findings and Recommendations and 21 Judgment are VACATED and this matter is REFERRED back to the Magistrate Judge. Case reopened. (Benson, A.)
Download PDF
<![CDATA[
(PC) Morrison v. Just et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLAY MORRISON, 11 Plaintiff, 12 v. 13 No. 2:09-cv-1544 MCE DAD P D. JUST, et al., 14 15 16 Defendants. ORDER / Plaintiff is a state prisoner proceeding pro se with a civil rights complaint 17 pursuant to 42 U.S.C. § 1983. On May 24, 2010, Plaintiff’s second amended complaint was 18 dismissed and Plaintiff was given thirty days leave to file a third amended complaint. (See ECF 19 No. 18.) After that thirty-day period expired and no third amended complaint had been received 20 by the Court, findings and recommendations were issued which recommended that this action be 21 dismissed without prejudice. (ECF No. 19.) The findings and recommendations were adopted in 22 full by the District Judge on August 19, 2010, and judgment was entered. (ECF Nos. 20, 21.) 23 On April 17, 2012, the Court received Plaintiff’s third amended complaint along 24 with a motion to appoint counsel from California State Prison - Sacramento (CSP-Sacramento). 25 (ECF Nos. 22, 23.) These filings were accompanied by letters from the warden noting that it had 26 recently come to his attention that these two documents had not been delivered to the Court. 1 Dockets.Justia.com 1 Petitioner’s third amended complaint and motion to appoint counsel were delivered to prison 2 officials for mailing on or about June 21, 2010. No further explanation for the delay has been 3 provided. 4 Plaintiff did in fact comply with the May 24, 2010, order in light of his 5 submission of his third amended complaint to prison officials on or about June 21, 2010. 6 Additionally, Plaintiff has told the Court that he wishes to move forward with this action. (ECF 7 No. 25.) Thus, the order and judgment (ECF Nos. 20, 21) dated August 19, 2010, will be 8 vacated. 9 10 11 12 13 Accordingly, IT IS HEREBY ORDERED that: 1. The order and judgment entered August 19, 2010, (ECF Nos. 20, 21) are VACATED; and 2. This matter is referred back to the Magistrate Judge for further proceedings. Dated: November 6, 2012 14 15 16 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 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.
