Henderson v. Smith et al

Filing 26

ORDER Vacating 23 Findings and Recommendations of June 20, 2014; ORDER Deeming First Amended Complaint Timely Filed, signed by Magistrate Judge Gary S. Austin on 07/25/14. (Gonzalez, R)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CURTIS LEE HENDERSON,

12

Plaintiff,

13

vs.

14

1:13-cv-00287-LJO-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS OF JUNE 20,
2014
(Doc. 23.)

SMITH, et al.,

15

Defendants.

16
17
18

ORDER DEEMING FIRST AMENDED
COMPLAINT TIMELY FILED
(Doc. 24.)

Curtis Lee Henderson (APlaintiff@) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. ' 1983.

19

On June 20, 2014, the undersigned issued findings and recommendations to dismiss this

20

action for Plaintiff’s failure to obey the court’s order of May 8, 2014, which required him to file

21

an amended complaint within thirty days.

22

objections to the findings and recommendations, and also filed the First Amended Complaint.

23

(Docs. 24, 25.)

(Doc. 23.)

On July 16, 2014, Plaintiff filed

24

Plaintiff cites delays by the prison mail room for his untimely filing of the First

25

Amended Complaint. Plaintiff asserts that the mail room did not give him the findings and

26

recommendations, which were served on June 20, 2014, until July 3, 2014, and that he prepared

27

the First Amended Complaint on May 28, 2014 and served it in a timely manner. Plaintiff

28

requests the court to excuse the delay, which was out of his control.
1

1

In light of Plaintiff’s objections and his submission of the First Amended Complaint on

2

July 16, 2014, the court finds good cause to vacate the findings and recommendations and deem

3

the First Amended Complaint timely filed.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

The findings and recommendations of June 20, 2014 are VACATED;

6

2.

Plaintiff’s First Amended Complaint, filed on July 16, 2014, is deemed timely

7

8

filed; and
3.

The court shall screen the First Amended Complaint in due time.

9
10
11
12

IT IS SO ORDERED.
Dated:

July 25, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
2