(PC) Sermeno v. Flener, No. 2:2018cv01040 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/5/2018 VACATING 12 Findings and Recommendations. The Clerk of the Court shall file a copy of this order in 1:18-cv-1584 AWI EPG, file a copy of the complaint in 1:18-cv-1584 AWI EPG in this case, identify the document as an amended complaint, and close 1:18-cv-1584 AWI EPG. (Huang, H)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY ALTAMIRANO SERMENO, 12 Plaintiff, 13 14 No. 2:18-cv-1040 KJM CKD P v. ORDER KIMBERLY FLENER, 15 Defendant. 16 On October 30, 2018, the court recommended that this action be dismissed for plaintiff’s 17 18 failure to file an amended complaint in accordance with this court’s September 13, 2018 order. 19 Plaintiff filed objections to the court’s recommendation on December 3, 2018. After reviewing the objections, the court has learned that the document which should have 20 21 been filed in this action as plaintiff’s amended complaint was instead filed as a complaint in a 22 new action. This is due, at least in part, to the fact that plaintiff did not identify the document as 23 an amended complaint, nor include the case number from this action, although he was instructed 24 to do so in the court’s September 13, 2018 order. 25 ///// 26 ///// 27 ///// 28 ///// 1 Nonetheless, good cause appearing, IT IS HEREBY ORDERED that: 2 1. The court’s October 30, 2018 findings and recommendations are vacated; 3 2. The Clerk of the Court shall file a copy of this order in 1:18-cv-1584 AWI EPG; and 4 3. The Clerk of the Court shall file a copy of the complaint (ECF No. 1) in 1:18-cv-1584 5 AWI EPG in this case, identify the document as an “amended complaint,” and close 1:18-cv-1584 6 AWI EPG. 7 Dated: December 5, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 1 serm1040.vfrs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2