(PC) Branson v. U.S. Forest Service, et al., No. 2:2019cv01399 - Document 22 (E.D. Cal. 2020)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/4/2020 VACATING 19 Findings and Recommendations and GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint. (Henshaw, R)
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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 KIP BRANSON, 12 13 14 15 No. 2:19-cv-1399 WBS CKD P Plaintiff, v. ORDER U.S. FOREST SERVICE, et al., Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 17, 2020, the magistrate judge filed Findings and Recommendations that this 21 action be dismissed without prejudice due to plaintiff’s failure to prosecute. ECF No. 19. In lieu 22 of objections to this recommendation, plaintiff filed a change of address on July 14, 2020. ECF 23 No. 20. Based on plaintiff’s compliance with Local Rule 183(b) which requires that a party 24 appearing in propria persona inform the court of any address change, the court will vacate the 25 Findings and Recommendations and re-set the deadlines in this case. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations filed June 17, 2020 (ECF No. 19) are vacated. 28 2. The Clerk of Court is directed to re-serve the screening order entered on March 16, 1 1 2 2020 (ECF No. 16) on plaintiff’s new address of record. 3. Plaintiff is granted 30 days from the date of service of this order to file an amended 3 complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 4 Procedure, and the Local Rules of Practice. The amended complaint must bear the docket number 5 assigned this case and must be labeled “Amended Complaint.” Failure to file an amended 6 complaint in accordance with this order will result in a recommendation that this action be 7 dismissed. 8 Dated: August 4, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 12/bran1399.vacate+EOT.docx 18 19 20 21 22 23 24 25 26 27 28 2
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