Harbridge v. Yates et al

Filing 27

ORDER Vacating Dismissal Of Second Amended Complaint Without Prejudice (Doc. 25 , 26 ), signed by Magistrate Judge Jennifer L. Thurston on 4/26/2012. The Court hereby ORDERS: The order issued April 3, 2011 (Doc. 25 ) is VACATED. The Court will re-screen the Second Amended Complaint in due course. Based thereon, the motion for reconsideration (Doc. 26 ) is MOOT. (Fahrney, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER HARBRIDGE, 12 Plaintiff, 13 Case No. 1:10-cv-00473 AWI JLT (PC) ORDER VACATING DISMISSAL OF SECOND AMENDED COMPLAINT WITHOUT PREJUDICE vs. (Docs. 25, 26). 14 JAMES A. YATES, et al., 15 Defendants. 16 17 18 Plaintiff is proceeding pro se and in forma pauperis with a civil action pursuant to 42 19 20 21 22 23 U.S.C. § 1983. On April 3, 2012, the Court issued an order dismissing Plaintiff’s Second Amended Complaint (“SAC”) leave to amend for violation of Fed. R. Civ. P. 8. (Doc. 25.) On April 19, 2012, Plaintiff filed a Motion for Reconsideration explaining the various aspects of his SAC. On its own motion, the Court hereby ORDERS: 1. 24 25 26 the Second Amended Complaint in due course; /// /// 27 /// 28 The order issued April 3, 2011 (Doc. 25) is VACATED. The Court will re-screen 1 2. Based thereon, the motion for reconsideration (Doc. 26) is MOOT. 2 3 4 IT IS SO ORDERED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 26, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed

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