Maldonado v. Trimble et al

Filing 20

ORDER VACATING 18 Findings and Recommendations of February 5, 2015; ORDER EXTENDING Time for Plaintiff to File Amended Complaint, signed by Magistrate Judge Gary S. Austin on 3/19/2015. Thirty Day Deadline to File First Amended Complaint. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY RAE SHA’NEE MALDONADO, 1:12-cv-01088-AWI-GSA-PC 12 13 Plaintiff, vs. 14 R. H. TRIMBLE, et al., 15 Defendants ORDER VACATING FINDINGS AND RECOMMENDATIONS OF FEBRUARY 5, 2015 (Doc. 18.) 16 ORDER EXTENDING TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT THIRTY DAY DEADLINE TO FILE FIRST AMENDED COMPLAINT 17 18 19 20 21 Billy Rae Sha’nee Maldonado (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. ' 1983. 22 On February 5, 2015, the undersigned issued findings and recommendations to dismiss 23 this action for Plaintiff’s failure to obey the court’s order of August 13, 2014, which required 24 him to file an amended complaint. (Doc. 18.) On February 19, 2015, Plaintiff filed objections 25 to the findings and recommendations. (Doc. 19.) 26 In light of Plaintiff’s objections, and good cause appearing, the court shall vacate the 27 findings and recommendations and grant Plaintiff thirty days in which to file the amended 28 complaint. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations of February 5, 2015, are VACATED; 3 2. Plaintiff is granted thirty days from the date of service of this order in 4 which to file a First Amended Complaint, pursuant to the court’s order of 5 August 13, 2014; and 6 3. 7 Plaintiff’s failure to comply with this order may result in the dismissal of this action. 8 9 10 11 IT IS SO ORDERED. Dated: March 19, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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