Beiruti v. Corrections Corporation of America and its Officers et al

Filing 45

ORDER WITHDRAWING 41 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Jennifer L. Thurston on 12/20/2011. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISSA SANAD BEIRUTI,

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Plaintiff,
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vs.
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CORRECTIONS CORPORATION OF
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AMERICA AND ITS OFFICERS, et al.,
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Defendants.
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______________________________________ )

Case No.: 1:09-cv-01041 LJO JLT (PC)
ORDER WITHDRAWING FINDINGS &
RECOMMENDATION
(Doc. 41)

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By order filed September 2, 2011, the Court reassigned this matter based upon the retirement of

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the previously assigned judge. (Doc. 40) However, on September 13, 2011, the Court’s order was

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returned as undeliverable because Plaintiff was not longer at this address.

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On December 5, 2011, the Court issued Findings and Recommendations dismissing the matter

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due to Plaintiff’s failure to keep the Court apprised of his address. (Doc. 41) Though the Court served

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this order to Plaintiff at the Eloy Detention Center–the same address used to serve the September 2, 2011

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order, for whatever reason, this time, the mail was received by Plaintiff.

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This situation is inexplicable but it does not appear that Plaintiff played any role in the failure

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to obtain his mail. The current address for Plaintiff is the same address he provided on June 30, 2011.

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(Doc. 38) Therefore, good cause appearing, the Court ORDER the December 5, 2011 Findings and

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Recommendations to be WITHDRAWN.

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The Court will issue a decision on Defendant Morris’ motion to dismiss (Doc. 23) as soon as
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possible.

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IT IS SO ORDERED.

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Dated: December 20, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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