Hughes v. Bruner

Filing 26

ORDER GRANTING 20 Motion to Amend the Complaint; ORDER VACATING 19 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Stanley A Boone on 1/8/13. Amended Complaint due by 2/11/2013) (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD C. HUGHES,

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Plaintiff,
vs.
ROBERT BRUNER,

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ORDER GRANTING MOTION TO
AMEND AND VACATING FINDINGS
AND RECOMMENDATIONS
(Docket #19 & #20)

Defendant.

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1:11-cv-00110-AWI-SAB-(PC)

________________________________/

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Plaintiff Bernard C. Hughes (“Plaintiff”) is a prisoner proceeding pro se in a civil rights

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action pursuant to 42 U.S.C. § 1983. On November 14, 2012, the Court screened and

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dismissed Plaintiff’s First Amended Complaint and ordered Plaintiff to file a second amended

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complaint within twenty-one (21) days. (Doc. #18.) Plaintiff did not file a second amended

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complaint within twenty-one (21) days of the order and, on December 17, 2012, the Court

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issued Findings and Recommendations recommending dismissal of this action for failure to

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state a claim. (Doc. #19.)

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On December 17, 2012, Plaintiff filed a motion informing the Court that Plaintiff did

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not receive the Court’s November 14, 2012 order until recently due to a change in Plaintiff’s

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address. (Doc. #20.) Plaintiff requested additional time to amend his complaint. On December

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26, 2012, Plaintiff filed his Second Amended Complaint. (Doc. #23.) On January 2, 2013,

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Plaintiff filed objections to the Court’s December 17, 2012 Findings and Recommendations, on

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the grounds that Plaintiff did not receive this Court’s order to amend in time to comply with the

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deadlines set forth therein. (Doc. #24.)

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Good cause having been demonstrated, the Court will vacate its December 17, 2012

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Findings and Recommendations and this action will proceed on Plaintiff’s Second Amended

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Complaint filed on December 26, 2012. Plaintiff’s Second Amended Complaint will be

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screened by the Court pursuant to 28 U.S.C. § 1915A on a later date.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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The Court’s December 17, 2012 Findings and Recommendations are
VACATED;

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2.

Plaintiff’s December 17, 2012 motion is GRANTED; and

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3.

This action shall proceed on Plaintiff’s Second Amended Complaint, filed on

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December 26, 2012.

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IT IS SO ORDERED.
Dated:
i1eed4

January 8, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE