Clation v. Pendleton et al

Filing 16

ORDER VACATING 13 FINDINGS AND RECOMMENDATIONS and ORDER Deeming 14 First Amended Complaint Timely Filed, signed by Magistrate Judge Gary S. Austin on 6/25/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE CLATION,

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Plaintiff,

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1:12-cv-01974-LJO-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATION OF MAY 28, 2013
(Doc. 13.)

vs.

ORDER DEEMING FIRST AMENDED
COMPLAINT TIMELY FILED
(Doc. 14.)

C. PENDLETON, et al.,

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Defendants.

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Tyrone Clation ("Plaintiff") is a prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983.

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Plaintiff filed the Complaint commencing this action on

December 4, 2012. (Doc. 1.)

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On May 28, 2013, the court entered findings and a recommendation, recommending

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that this action be dismissed for failure to state a claim, based on Plaintiff’s failure to file a First

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Amended Complaint pursuant to the court’s order of April 22, 2013. (Doc. 11.) On May 28,

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2013, Plaintiff filed the First Amended Complaint, and on June 24, 2013, Plaintiff filed

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objections to the findings and recommendation. (Docs. 14, 15.) In light of the fact that

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Plaintiff has now filed the First Amended Complaint, and good cause appearing, Plaintiff’s

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First Amended Complaint shall be deemed timely filed, and the findings and recommendation

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shall be vacated.

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Accordingly, IT IS HEREBY ORDERED that:

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VACATED; and

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The findings and recommendation, entered on May 28, 2013, are

Plaintiff’s First Amended Complaint, filed on May 28, 2013, is deemed

timely filed and shall be screened by the court in due time.

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IT IS SO ORDERED.
Dated:

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June 25, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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