Woodis v. Olive et al

Filing 15

ORDER DISCHARGING 11 Order to Show Cause and VACATING 12 Findings and Recommendations signed by Magistrate Judge Michael J. Seng on 8/13/2013. (Sant Agata, S)

(PC) Woodis v. Olive et al

Doc. 15

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENO EUGENE WOODIS,

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CASE NO.

Plaintiff,

1:12-cv-01091-LJO-MJS (PC)

ORDER DISCHARGING ORDER TO SHOW
CAUSE AND VACATING FINDINGS AND
RECOMMENDATIONS

v.

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PAM OLIVE, et al.,

(ECF Nos. 11 and 12)

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Defendants.
/

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The Court screened Plaintiff’s First Amended Complaint (ECF No. 9) on February

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1, 2013, and dismissed it with leave to amend for failure to state a claim (ECF No. 10).

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The deadline to file an amended complaint passed and the Court issued an order to show

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cause why Plaintiff’s case should not be dismissed for failure to comply with the Court’s

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order and failure to state a claim. (ECF No. 11.) The order to show cause was returned

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by the U.S. Postal Service as undeliverable and Plaintiff was granted sixty-three days to

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notify the Court of a current address. By June 20, 2013, more than sixty-three days had
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passed. Accordingly, the Court issued findings and recommendations to dismiss Plaintiff’s

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Dockets.Justia.com

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action for failure to prosecute. (ECF No. 12.)

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However, on August 1, 2013, Plaintiff filed a Second Amended Complaint. (ECF
No. 13.)

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In light of Plaintiff having filed an amended complaint, the Court hereby discharges

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the order to show cause (ECF No. 11) and vacates its findings and recommendations (ECF

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No. 12).

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IT IS SO ORDERED.

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Dated:
ci4d6

August 13, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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