Fields v. Roberts

Filing 92

ORDER Vacating 86 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 02/17/2013. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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1:06-cv-00407-AWI-GSA-PC

Plaintiff,

ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
JANUARY 10, 2013
(Doc. 86.)

vs.
P. ROBERTS, et al.,

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Defendants.
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Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983.

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On January 10, 2013, the undersigned issued findings and recommendations to dismiss this action for

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Plaintiff’s failure to obey the Court’s order of September 10, 2012, which required Plaintiff to file an

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amended motion for default judgment within thirty days. (Doc. 86.) On February 8, 2013, Plaintiff filed

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an amended motion for default judgment. (Doc. 90.) In light of the filing of Plaintiff’s amended motion,

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and good cause appearing, the Court shall vacate the findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that the findings and recommendations of January 10,
2013 are VACATED.

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IT IS SO ORDERED.
Dated:
220hhe

February 11, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE