Smith v. Allison et al

Filing 140

ORDER WITHDRAWING Order Adopting Findings And Recommendations Granting Defendant Byers' Motion To Dismiss And DISREGARDING Defendant Langler's Motion To Dismiss As Moot (Docs. 109 , 132 , 139 ), signed by District Judge Lawrence J. O'Neill on 5/4/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,
Plaintiff,

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v.

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ALLISON, et al.,

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Defendants.

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ORDER WITHDRAWING ORDER
ADOPTING FINDINGS AND
RECOMMENDATIONS GRANTING
DEFENDANT BYERS' MOTION TO
DISMISS and DISREGARDING
DEFENDANT LANGLER'S MOTION TO
DISMISS AS MOOT
(Docs. 109, 132, 139)

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Case No. 1:10-cv-01814-LJO-JLT (PC)

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Plaintiff, Lawrence Christopher Smith, is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action under 42 U.S.C. § 1983 which he filed on October 1, 2010. The
matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and
Local Rule 302.
On March 18, 2015, the Magistrate Judge filed a Findings and Recommendations to grant
and Defendant Byers' motion to dismiss and that Defendant Langler's motion to dismiss should be
disregarded as moot since no claim for deliberate indifference was found cognizable against
Defendant Langler. (Doc. 132.) The Findings and Recommendations were served that same day
and contained provisions for the parties to file objections within thirty days. Plaintiff requested
and was granted an extension to May 18, 2015 to file objections. (Docs. 136, 138.) Due to
clerical error, an Order Adopting the Findings and Recommendations issued on May 1, 2015, not
accounting for the extension of time granted to Plaintiff to file objections.

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Accordingly, IT IS HEREBY ORDERED that the Order Adopting the Findings and

2 Recommendations on the motion to dismiss filed by Defendants Byers and Langler, that issued on
3 May 1, 2015, is WITHDRAWN to allow Plaintiff to file objections.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 4, 2015

UNITED STATES DISTRICT JUDGE
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