Chavarria v. Green et al

Filing 30

ORDER VACATING 27 FINDINGS AND RECOMMENDATIONS of October 30, 2014 signed by Magistrate Judge Gary S. Austin on 12/1/2014. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY CHAVARRIA, 12 13 14 15 Plaintiff, vs. 1:10-cv-02324-LJO-GSA-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS OF OCTOBER 30, 2014 (Doc. 27.) P. A. GREEN, et al., Defendants. 16 17 18 19 20 Anthony Chavarria (“Plaintiff@) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. ' 1983. 21 On October 30, 2014, the undersigned issued findings and recommendations to dismiss 22 this action for Plaintiff’s failure to obey the court’s order of September 9, 2014, which required 23 him to file a response to Defendants’ motion to dismiss of July 28, 2014, within thirty days 24 (Doc. 27.) Plaintiff was granted leave to file objections to the findings and recommendations 25 within twenty days. Id. 26 On November 10, 2014, Plaintiff filed an opposition to Defendants’ motion to dismiss. 27 (Doc. 28.) In light of plaintiff’s submission of the opposition, the court shall vacate the 28 findings and recommendations of October 30, 2014. 1 1 In accordance with the above and good cause appearing therefore, IT IS HEREBY 2 ORDERED that the court’s findings and recommendations, issued on October 30, 2014, are 3 VACATED. 4 5 6 7 IT IS SO ORDERED. Dated: December 1, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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