Garcia v. Clark, et al.

Filing 150

ORDER WITHDRAWING Findings and Recommendations Issued on November 21, 2013 136 , signed by Magistrate Judge Dennis L. Beck on 12/25/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM P. GARCIA,

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Plaintiff,

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v.
KEN CLARK, et al.,

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Case No. 1:10-cv-00447 LJO DLB PC
ORDER WITHDRAWING FINDINGS AND
RECOMMENDATION ISSUED ON
NOVEMBER 21, 2013
[ECF No. 136]

Defendants.

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Plaintiff Wiiliam P. Garcia (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on March

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12, 2010.
On October 14, 2013, Defendants filed a motion to dismiss. ECF No. 132. On November

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21, 2013, the Court issued a Findings and Recommendation which recommended the motion be

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denied as untimely. On December 5, 2013, Defendants filed objections to the Findings and

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Recommendation. Plaintiff filed a reply on December 18, 2013. Defendants object that their motion

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is based on a lack of subject matter jurisdiction and argue that such a motion can be raised at any

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time. Fed. R. Civ. P. 12(i). In light of Defendants’ objections, the Court hereby WITHDRAWS the
Findings and Recommendation issued on November 21, 2013.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

December 25, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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