Anaya v. Herrington et al

Filing 76

ORDER Vacating 72 FINDINGS AND RECOMMENDATIONS; ORDER Directing Clerk of the Court to File Motion to Amend as Fifth Amended Complaint signed by Magistrate Judge Dennis L. Beck on 05/09/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD ERNEST ANAYA,

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Plaintiff,

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CASE NO. 1:09-cv-01653-AWI-DLB PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS (DOC. 72)

v.
ORDER DIRECTING CLERK OF THE
COURT TO FILE MOTION TO AMEND AS
FIFTH AMENDED COMPLAINT (DOC. 74)

HERRINGTON, et al.,

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Defendants.

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/

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Plaintiff Richard Ernest Anaya (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 3, 2011, Plaintiff

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filed a fourth amended complaint, labeled as a motion to amend. On March 27, 2012, the

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District Judge assigned to this action issued an order granting Plaintiff leave to file a fourth

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amended complaint. On April 4, 2012, the undersigned issued a Findings and Recommendations

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recommending dismissal of the action for failure to state a claim, screening Plaintiff’s complaint

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filed November 3, 2011.

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Pending before the Court is Plaintiff’s motion to amend, filed April 30, 2012. Plaintiff

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again labels it as a motion to amend, instead of a proposed amended complaint. In the interest of

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justice, the Court will treat this April 30, 2012 filing as Plaintiff’s amended complaint. The

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complaint will be screened pursuant to 28 U.S.C. § 1915A(a).

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Accordingly, it is HEREBY ORDERED that:

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1.

The April 4, 2012 Findings and Recommendations is VACATED; and
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2.

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The Clerk of the Court is directed to file Plaintiff’s motion to amend as a fifth
amended complaint.

IT IS SO ORDERED.

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Dated:
3b142a

May 9, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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