Marrero et al v. Zaragoza et al

Filing 44

ORDER Vacating 41 Findings and Recommendations of October 25, 2012; Order Directing Clerk to File Plaintiff's 34 First Amended Complaint Which was Lodged on October 29, 2012, signed by Magistrate Judge Gary S. Austin on 11/30/12. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWIN MARRERO,

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1:10-cv-00509-LJO-GSA-PC

Plaintiff,

ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
OCTOBER 25, 2012
(Doc. 41.)

vs.
VAN A ROSE, et al.,

ORDER DIRECTING CLERK TO
FILE PLAINTIFF’S FIRST AMENDED
COMPLAINT WHICH WAS LODGED
ON OCTOBER 29, 2012
(Doc. 42.)

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Defendants.
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Plaintiff is a federal prisoner proceeding pro se with a civil rights action pursuant to Bivens v.

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Six Unknown Agents, 42 U.S. 388 (1971). On October 25, 2012, the undersigned issued findings

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and recommendations to dismiss this action, based on plaintiff’s failure to obey a court order

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requiring him to file a First Amended Complaint. (Doc. 41.) On October 29, 2012, the court

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received Plaintiff’s First Amended Complaint, which was lodged by the court. (Doc. 42.) On

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November 29, 2012, Plaintiff filed objections to the findings and recommendations, asserting that he

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had timely mailed the First Amended Complaint to the court on October 13, 2012. (Doc. 43.) In

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light of the lodging of Plaintiff’s First Amended Complaint, and good cause appearing, the court

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shall vacate the findings and recommendations and file the First Amended Complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations of October 25, 2012 are VACATED;

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2.

The Clerk of Court is DIRECTED to file Plaintiff’s First Amended Complaint which

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was lodged on October 29, 2012 (Doc. 42.); and
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Plaintiff’s First Amended Complaint shall be screened in due time.

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IT IS SO ORDERED.
Dated:
6i0kij

November 30, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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