-CKD (HC) Cross v. Unknown, No. 2:2011cv01665 - Document 10 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2011 VACATING the 7 findings and recommendations; this case will proceed on the 7/8/11 petition. (Yin, K)
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-CKD (HC) Cross v. Unknown Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES P. CROSS, 11 Petitioner, No. CIV S-11-1665 JAM CKD 12 vs. 13 UNKNOWN, 14 ORDER Respondent. 15 / 16 On August 9, 2011, the undersigned recommended that this action be dismissed 17 for failure to timely file a petition. It has since come to the court’s attention that, on July 8, 2011, 18 petitioner filed a petition that initiated a duplicative action, CIV S-11-1801 CKD P. On 19 November 9, 2011, that action was closed and the petition was re-filed in this action pursuant to 20 court order. (Dkt. No. 9.) 21 22 23 Accordingly, the August 9, 2011 recommendation that this action be dismissed (Dkt. No. 7) is hereby VACATED. This case will proceed on the petition filed July 8, 2011. Dated: November 16, 2011 24 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 25 26 2 / cross 1665.vac 1 Dockets.Justia.com