Sansone v. Thomas

Filing 34

ORDER REISSUING the Magistrate Judge's February 5, 2016 32 Findings and Recommendations; 14-Day Objection Deadline signed by District Judge Dale A. Drozd on 4/4/2016. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD SANSONE, 12 Plaintiff, 13 v. 14 J. C. THOMAS, 15 No. 1:13-cv-01942-DAD-EPG (PC) ORDER REISSUING THE MAGISTRATE JUDGE’S FEBRUARY 5, 2016 FINDINGS AND RECOMMENDATIONS Defendants. (Doc. No. 32) 16 17 Plaintiff Richard Sansone filed this civil rights action pursuant to 42 U.S.C. § 1983 on 18 December 2, 2013. (Doc. No. 1.) He is proceeding pro se and in forma pauperis. (Doc. No. 4.) 19 On November 13, 2014, plaintiff filed an amended complaint in this action. (Doc. No. 27.) On 20 February 5, 2016, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be allowed to proceed only against defendants Thomas and John 22 Doe #1 on plaintiff’s excessive use of force claim and that all other claims and defendants be 23 dismissed. (Doc. No. 32.) Those findings and recommendations contained notice that any 24 written objections were due within twenty days after service. (Id. at 2.) No objections were filed. 25 However, on March 10, 2016, the court received notice of plaintiff’s change of address 26 indicating that plaintiff had been transferred to Pelican Bay State Prison. (Doc. No. 33.) 27 Accordingly, to ensure that plaintiff received proper notice, the court will reissue the February 5, 28 2016 findings and recommendations and provide plaintiff with fourteen days from that service for 1 1 him to file written objections, if any, to those findings and recommendations. 2 3 For the reasons set forth above; 1) 4 recommendations (Doc. No. 32) on plaintiff at his new address of record: 5 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 6 7 The Clerk of the Court is directed to re-serve the February 5, 2016 findings and 2) 8 Plaintiff will be granted fourteen days from the date of re-service of the findings and recommendations to file his written objections, if any. 9 10 11 IT IS SO ORDERED. Dated: April 4, 2016 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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