Lynch v. Doe, et al

Filing 39

ORDER Vacating FINDINGS AND RECOMMENDATIONS Of October 11, 2012 (Doc. 37 ), signed by Magistrate Judge Gary S. Austin on 10/17/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONEY LYNCH,

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Plaintiff,

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1:09-cv-02097-AWI-GSA-PC
ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
OCTOBER 11, 2012
(Doc. 37.)

vs.
WARDEN OF PLEASANT VALLEY
STATE PRISON, et al.,

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Defendants.
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Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983.

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On October 11, 2012, the undersigned issued findings and recommendations to dismiss this action

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for failure to state a claim, based on plaintiff’s failure to obey a court order requiring him to file a

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Second Amended Complaint. (Doc. 11.) On October 15, 2012, Plaintiff filed a Second Amended

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Complaint. (Doc. 38.) In light of the filing of Plaintiff’s Second Amended Complaint, and good

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cause appearing, the court shall vacate the findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations of October 11, 2012 are VACATED; and

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2.

Plaintiff’s Second Amended Complaint shall be screened in due time.

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IT IS SO ORDERED.

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Dated:
6i0kij

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October 17, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE