(PS) Laskiewicz v. Swartz et al, No. 2:2011cv02828 - Document 64 (E.D. Cal. 2014)
Court Description: ORDER VACATING 59 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/17/2014. This case will proceed on plaintiff's 44 Motion for Default Judgment. (Marciel, M)
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(PS) Laskiewicz v. Swartz et al Doc. 64 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID LEE LASKIEWICZ, 12 13 14 15 No. 2:11-cv-2828-JAM-CMK Plaintiff, vs. ORDER RUSSELL SWARTZ, et al., Defendants. 16 / 17 Plaintiff, proceeding in this action in propria persona, brings this civil action. On 18 January 28, 2014, the undersigned issued findings and recommendations recommending that this 19 action be dismissed without prejudice for plaintiff’s lack of prosecution and failure to keep the 20 court informed as to his current address. 21 22 Plaintiff’s late filed objections to the findings and recommendations are now pending before the court. 23 Plaintiff states in his objections that he was having difficulty retrieving his mail 24 from his current Post Office box. However, it appears that is still the current address, and that 25 his difficulties have been resolved. As such, the undersigned will vacate the findings and 26 recommendations, and this case will proceed. The undersigned notes plaintiff has set a hearing 1 Dockets.Justia.com 1 on his motion for default judgment against defendants Swartz and Kinney for December 3, 2014. 2 Any response or further briefs pertaining thereto shall be filed no later than November 19, 2014. 3 Accordingly, IT IS HEREBY ORDERED that the findings and recommendations 4 issued January 28, 2014, are vacated and this case will proceed on the motion for default 5 judgment. 6 7 8 9 DATED: October 17, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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