Avery v. Director of CDCR, et al.

Filing 61

ORDER VACATING the September 10, 2009, Recommendation of Dismissal signed by Magistrate Judge Gary S. Austin on 11/17/2009. (Bradley, A)

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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 1 IT IS SO ORDERED. Dated: 6i0kij On September 10, 2009, a recommendation of dismissal was entered, recommending dismissal of this action for Plaintiff's failure to file an amended complaint. On the same date, Plaintiff requested an extension of time in which to file an amended complaint, which was granted on September 21, 2009. Plaintiff timely lodged an amended complaint. Accordingly, IT IS HEREBY ORDERED that the September 10, 2009, recommendation of dismissal is vacated. G. GONZALES , et al., Defendants. vs. SHANNON LEWIS AVERY, SR., Plaintiff, 1: 07 CV 01175 OWW YNP GSA (PC) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA November 17, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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