Placencio v. Yates et al

Filing 9

ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 3/4/2010. This action proceeds on the February 22, 2010, 8 First Amended Complaint. (Jessen, 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 6i0kij 24 25 26 1 IT IS SO ORDERED. Dated: Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. On January 6, 2010, an order was entered, dismissing the original complaint and granting Plaintiff leave to file an amended complaint. Plaintiff failed to do so, and on February 8, 2010, a recommendation of dismissal was entered. On February 22, 2010, Plaintiff filed a first amended complaint. Accordingly, IT IS HEREBY ORDERED that: 1. The February 8, 2010, recommendation of dismissal is vacated. 2. This action proceeds on the February 22, 2010, first amended complaint. JAMES YATES, et al., Defendants. vs. ERNEST REYES PLACENCIO, Plaintiff, 1: 09 CV 01483 AWI YNP GSA (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA March 4, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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