Smith v. Allison et al

Filing 19

ORDER WITHDRAWING the FINDINGS AND RECOMMENDATIONS Issued February 13, 2013 17 , signed by Magistrate Judge Jennifer L. Thurston on 2/21/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE SMITH,

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Plaintiff,
v.
K. ALLISON, et al.,

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Defendants.

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Case No.: 1:10-cv-01814 - LJO - JLT
ORDER WITHDRAWING THE FINDINGS
AND RECOMMENDATIONS ISSUED
FEBRUARY 13, 2013
(Doc. 17)

On February 13, 2013, the Court recommended the action be dismissed for Plaintiff’s failure to

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prosecute and failure to comply with the Court’s order to file an amended complaint. (Doc. 17).

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Plaintiff was given fourteen days from the date of service to file any objections. Id. at 3. On February

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15, 2013, Plaintiff filed a First Amended Complaint. (Doc. 18). Although untimely, it will be

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accepted by the Court. However, Plaintiff is admonished to comply with the deadlines set forth by the

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Court in the future, or dismissal with be recommended pursuant to Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED: The Findings and Recommendations issued
February 13, 2013 are WITHDRAWN.

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IT IS SO ORDERED.
Dated:

February 21, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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