Rowe v. Department of Corrections

Filing 16

ORDER VACATING 14 FINDINGS AND RECOMMENDATIONS REFERRED BACK to Judge Snyder signed by Magistrate Judge Sandra M. Snyder on 1/13/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 13, 2009 /s/ Sandra M. Snyder 2. Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On November 20, 2008, the undersigned entered findings and recommendations to dismiss plaintiff's case for failure to state a claim, as a result of plaintiff's failure to comply with the court's order of April 28, 2005 which dismissed the complaint and ordered plaintiff to file an amended complaint within thirty days. (Doc. 14.) On November 25, 2008, plaintiff filed an amended complaint. (Doc. 15.) Due to plaintiff's submission of the amended complaint and good cause appearing, the findings and recommendations of November 20, 2008 shall be vacated. Based on the foregoing, IT IS HEREBY ORDERED that: 1. The findings and recommendations of November 20, 2008 are VACATED; and The court shall screen plaintiff's amended complaint in due course. vs. DEPARTMENT OF CORRECTIONS, et al., Defendants. / DANIEL ROWE, Plaintiff, 1:06-cv-01171-LJO-SMS-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS OF NOVEMBER 20, 2008 (Doc. 14.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES MAGISTRATE JUDGE