Petosyan v. Hedgpeth et al

Filing 83

ORDER WITHDRAWING THE FINDINGS AND RECOMMENDATIONS 78 , signed by Magistrate Judge Jennifer L. Thurston on 9/27/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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ALI, ZAMORA, GRANNIS, and YOUSSEF, )
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Defendants.
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ARTHUR PETROSYAN,

Case No.: 1:09-cv-00593 - AWI - JLT
ORDER WITHDRAWING THE FINDINGS AND
RECOMMENDATIONS
(Doc. 78)

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On August 28, 2013, the Court issued findings and recommendations granting the motion to

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dismiss based upon Plaintiff’s failure to appeal the screen-out determination of his administrative

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appeal at the Third Level. (Doc. 78) In his objections, Plaintiff noted that the statutory upon which the

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Court relied, was enacted after Plaintiff’s administrative appeals process was completed. (Doc. 79)

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Thus, the Court ordered Defendants to file a substantive reply and to detail the requirement that an

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inmate appeal a screen-out order issued at the Third Level that was in place at the time the screen-out

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decision was made. (Doc. 82) Therefore, having read and considered the objections and reply, the

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Court WITHDRAWS the findings and recommendations and will issue amended findings and

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recommendations.

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IT IS SO ORDERED.
Dated:

September 27, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE