(PC) Alexander v. Arya, No. 2:2020cv02294 - Document 14 (E.D. Cal. 2021)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/5/2021 VACATING the 12 Findings and Recommendations filed 7/14/2021 and GRANTING plaintiff 30 days to file an amended complaint. The Clerk shall re-serve a copy of the 4/19/2021 screening order on plaintiff. (Yin, K)

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(PC) Alexander v. Arya Doc. 14 Case 2:20-cv-02294-KJM-CKD Document 14 Filed 08/05/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHON DEJON ALEXANDER, 12 Plaintiff, 13 v. 14 AFSHIN ARYA, 15 No. 2:20-cv-2294 KJM CKD P ORDER 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 July 14, 2021, the undersigned issued findings and recommendations to dismiss 21 plaintiff’s complaint without prejudice due to his failure to file an amended complaint within the 22 time provided. Plaintiff has filed objections to the findings and recommendations indicating that 23 he never received the court’s prior order dismissing his complaint with leave to amend. Based on 24 plaintiff’s objections, the court will vacate its Findings and Recommendations, re-serve a copy of 25 the screening order on plaintiff, and reset the deadline for filing an amended complaint. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations filed July 14, 2021 (ECF No. 12) are vacated. 28 2. The Clerk of Court is directed to reserve a copy of the court’s April 19, 2021 screening 1 Dockets.Justia.com Case 2:20-cv-02294-KJM-CKD Document 14 Filed 08/05/21 Page 2 of 2 1 order (ECF No. 8) on plaintiff. 2 3. Plaintiff is granted thirty 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 5 number assigned this case and must be labeled “Amended Complaint.” Failure to file an 6 amended complaint in accordance with this order will result in a recommendation that this action 7 be dismissed. 8 Dated: August 5, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 12/alex2294.vacateF&R.docx 17 18 19 20 21 22 23 24 25 26 27 28 2

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