Starr v. CDCR

Filing 47

ORDER Vacating Findings and Recommendations 42 ; ORDER for Plaintiff to File First Amended Complaint within Thirty Days, or Case will Proceed on Original Complaint, signed by Magistrate Judge Gary S. Austin on 10/9/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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Plaintiff,

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1:11-cv-02108-AWI-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS
(Doc. 42.)

vs.
CDCR,

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ORDER FOR PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT WITHIN THIRTY
DAYS, OR CASE WILL PROCEED ON
ORIGINAL COMPLAINT

Defendant.

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/
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Robin Gillen Starr (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983.

On September 25, 2012, the Court entered findings and

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recommendations, recommending that this case be dismissed based on Plaintiff’s failure to obey a

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court order granting him thirty days to file a First Amended Complaint. (Doc. 42.) On October 5,

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2012, Plaintiff filed objections to the findings and recommendations, indicating that he wishes to

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proceed with this case.

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recommendations and allow Plaintiff another opportunity to file a First Amended Complaint.

(Doc. 46.)

Therefore, the Court shall vacate the findings and

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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 findings and recommendations, entered on September 25, 2012, are
VACATED;

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2.

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Plaintiff is granted thirty days from the date of service of this order in which to file
a First Amended Complaint, pursuant to the Court’s order of June 26, 2012; and

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If Plaintiff fails to file a First Amended Complaint within thirty days in response to

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this order, this action shall proceed on Plaintiff’s original Complaint filed on

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December 22, 2011.

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IT IS SO ORDERED.
Dated:
6i0kij

October 9, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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