Martin v. Adams et al

Filing 12

ORDER VACATING 10 FINDINGS AND RECOMMENDATIONS to Dismiss Plaintiff's Complaint for Failure to Prosecute and Failure to Comply With the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 5/24/2012. (Marrujo, C)

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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 STEVEN A. MARTIN, 12 Case No. 1:10-cv-01153 AWI-JLT (PC) Plaintiff, 13 v. 14 ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH THE COURT’S ORDER DERRAL G. ADAMS, et al., 15 Defendants. (Doc. 10). 16 17 Plaintiff, Steven Martin, is a state prisoner proceeding pro se and in forma pauperis with a 18 civil action pursuant to 42 U.S.C. § 1983. On May 8, 2012, this Court issued Findings and 19 Recommendations to dismiss Plaintiff’s Complaint, as Plaintiff had failed to file his First 20 Amended Complaint (“FAC”) within the time frame ordered by the Court. (Doc. 9). Three days 21 later, Plaintiff filed his First Amended Complaint. (Doc. 11). 22 23 On its own motion, the Court hereby ORDERS the Findings and Recommendations issued May 8, 2012 (Doc. 10) VACATED. The Court will screen Plaintiff’s FAC in due course. 24 25 26 IT IS SO ORDERED. Dated: 27 May 24, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28 DEAC_Signature-END: 1

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