Watkins v. Kenworthy et al

Filing 20

ORDER VACATING FINDINGS AND RECOMMENDATION 17 , signed by Magistrate Judge Gary S. Austin on 11/19/14. (Hellings, J)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:14 cv 00672 LJO GSA PC

ERIC WATKINS,

ORDER VACATING FINDINGS
AND RECOMMENDATION

vs.

T. KENWORTHY, et al.,
(ECF NO. 17)

Defendants

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule

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302 pursuant to 28 U.S.C. § 636(b)(1). Pending before the Court is Defendants’ motion for

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summary judgment. Plaintiff his opposed the motion.
On September 5, 2014, an order was entered, dismissing the complaint and granting

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Plaintiff leave to file an amended complaint within thirty days. Plaintiff failed to do so and on

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October 17, 2014, a recommendation of dismissal was entered. On the same date, Plaintiff filed

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a first amended complaint in compliance with the order of September 5, 2014.

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Accordingly, IT IS HEREBY ORDERED that the October 17, 2014, recommendation is
vacated.

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IT IS SO ORDERED.
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Dated:

/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE
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November 19, 2014

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