Allen v. Stanislaus County et al
Filing
37
ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED NOVEMBER 3, 2014 AND DISCHARGING ORDER TO SHOW CAUSE re 29 , 35 , 36 signed by Magistrate Judge Stanley A. Boone on 11/4/2014. (Lundstrom, T)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
COLUMBUS ALLEN, JR.
12
13
14
Plaintiff,
v.
STANISLAUS COUNTY, et al.,
15
Defendants.
16
17
18
19
)
)
)
)
)
)
)
)
)
)
Case No.: 1:13-cv-00012-AWI-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ISSUED NOVEMBER 3,
2014, AND DISCHARGING ORDER TO SHOW
CAUSE
[ECF Nos. 29, 35, 36]
Plaintiff Columbus Allen, Jr. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On July 29, 2014, Defendants filed a motion to dismiss the instant complaint. Plaintiff failed
20
to file an opposition or statement of opposition pursuant to Local Rule 230(l). Accordingly, on
21
September 25, 2014, the Court ordered Plaintiff to show cause within thirty days as to why the action
22
should not be dismissed for Plaintiff’s failure to prosecute the action.
23
On November 3, 2014, the undersigned issued a Findings and Recommendation to dismiss the
24
action based on Plaintiff’s failure to prosecute. However, on this same date, Plaintiff filed a response
25
to the Court’s September 25, 2014, order to show cause.
26
Accordingly, in light of Plaintiff’s response to the Court’s order to show cause, the Court will
27
vacate the Findings and Recommendations issued November 3, 2014, and discharge the pending order
28
to show cause.
1
In addition, the Court has reviewed Plaintiff’s response to the order to show cause and will
1
2
construe it as, not only a response to the order to show cause, but also an opposition to Defendants’
3
motion to dismiss. Thus, any reply by Defendants is due in accordance with the applicable rules
4
deadline set forth in Local Rule 230(l).
5
Based on the foregoing,
6
IT IS HEREBY ORDERED that:
7
1. The Findings and Recommendation issued November 3, 2014, is VACATED;
8
2. The Order to Show Cause issued September 25, 2014, is DISCHARGED; and
9
3. Plaintiff’s response to the Order to Show Cause is construed as an Opposition to
Defendants’ pending motion to dismiss.
10
11
12
IT IS SO ORDERED.
13
Dated:
14
November 4, 2014
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?