Arcenaux v. Schwarznegger et al

Filing 8

ORDER VACATING 6 FINDINGS AND RECOMMENDATIONS; Re-serving First Informational Order 3 and Complaint 1 , Signed by Magistrate Judge Michael J. Seng on 6/29/2010. (Marrujo, C)

(PC) Arcenaux v. Schwarznegger et al

Doc. 8

1 2 3 4 5 6 7 8 JOHN ARCENAUX, 9 Plaintiff, 10 v. 11 ARNOLD SCHWARZENEGGER, et al., 12 Defendants. 13 / 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff John Arcenaux ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 17, 2010, the Court recommended that this action be dismissed for failure to prosecute based on Plaintiff's failure to keep the Court apprised of his address. (Findings and (ECF No. 6) O R D ER VACATING RECOMMENDATION FINDINGS AND CASE NO. 1:10-cv-355-AW I-MJS (PC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

Recommendation to Dismiss for Pl.'s Failure to Prosecute 2, ECF No. 6.) Plaintiff objected to the Court's recommendation and included his current address. (Obj., ECF No. 7.) Because the Court can now maintain contact with the Plaintiff, the Court's recommendation that Plaintiff's case be dismissed is no longer appropriate. Accordingly, the Court's Findings and Recommendation (ECF No. 6) is VACATED. The Court notes that Plaintiff was never served with the First Information Order. The Clerk is ORDERED to resend the First Informational Order to the Plaintiff along with a copy of this order. IT IS SO ORDERED. Dated: June 29, 2010 /s/

Michael J. Seng
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ci4d6

UNITED STATES MAGISTRATE JUDGE

-2-