(PS) Pineda v. United States Postal Service, et al, No. 2:2009cv01723 - Document 9 (E.D. Cal. 2009)

Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 10/2/09 ORDERING that the 7 findings and recommendations are VACATED. (Engbretson, K.)

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(PS) Pineda v. United States Postal Service, et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES DANIEL PINEDA, JR., 12 13 14 No. CIV S-09-1723-GEB-CMK Plaintiff, vs. ORDER UNITED STATES POSTAL SERVICE, et al., 15 Defendants. 16 / 17 18 Plaintiff, who is proceeding pro se, brings this civil action. On June 26, 2009, the 19 court issued an order determining that service of this action was appropriate. Plaintiff was 20 directed to submit appropriate service documents to the United States Marshall and to file notice 21 of such submission with the court within 15 days. As of August 19, 2009, plaintiff had not 22 complied and the court issued findings and recommendations that this action be dismissed for lack 23 of prosecution and failure to comply with court rules and orders. On September 21, 2009, 24 plaintiff filed a document which appears to indicate that plaintiff has submitted the required 25 documents to the United States Marshall. The August 19, 2009, findings and recommendations, 26 therefore, will be vacated. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that the findings and recommendations issued on August 19, 2009, are vacated. 3 4 5 6 7 DATED: October 2, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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