Fields v. Patterson et al

Filing 17

ORDER VACATING 15 Findings and Recommendations signed by Magistrate Judge Gary S. Austin on 6/7/2013. (Sant Agata, S)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 Plaintiff, 9 10 11 12 Case No. 1:10 cv 01700 LJO GSA PC KEVIN FIELDS, ORDER VACATING FINDINGS AND RECOMMENDATIONS vs. C/O PATTERSON, ET AL., Defendant. 13 14 15 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. ยง 1983. On April 15, 2013, an order was entered, addressing the deficiencies of the 19 operative pleading and granting Plaintiff leave to file an amended complaint within thirty days. 20 Plaintiff failed to do so, and on May 29, 2013, findings and recommendations were entered, 21 recommending dismissal of this action. On May 31, 2013, Plaintiff filed an amended complaint 22 23 24 25 on which this action now proceeds. Accordingly, IT IS HEREBY ORDERED that the May 29, 2013, findings and recommendations are vacated. 26 27 28 1 1 2 3 IT IS SO ORDERED. 4 5 Dated: UNITED STATES MAGISTRATE JUDGE DEAC_Sig nature-END: 6i0kij8d 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Gary S. Austin 6 7 June 7, 2013 2

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