Weatherington v. Rios et al

Filing 20

ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim for Relief signed by Magistrate Judge Dennis L. Beck on 6/16/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONTE WEATHERINGTON,

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Plaintiff,
v.

Case No. 1:14-cv-0906 AWI DLB PC
ORDER VACATING FINDINGS AND
RECOMMENDATION REGARDING
DISMISSAL OF ACTION FOR FAILURE TO
STATE A CLAIM FOR RELIEF

S. RIOS, et al.,

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Defendants.

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Plaintiff Monte Weatherington, (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on June 12, 2014. On March 16, 2015, the Court screened the

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complaint and determined Plaintiff stated a cognizable claim under the Fourth Amendment against

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Defendant Arranquin. The Court found no other cognizable claims. Plaintiff was given the option to

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proceed on his cognizable claim or file a First Amended Complaint (“FAC”). Plaintiff elected to file

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a FAC and did so on June 1, 2015.

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On April 27, 2016, the Court screened the complaint and found it failed to state a cognizable

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claim for relief. Plaintiff was directed to file a Second Amended Complaint within thirty days. Over

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thirty days passed and Plaintiff failed to comply. Accordingly, on June 2, 2016, the Court issued a

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Findings and Recommendation which recommended the action be dismissed for failure to state a

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claim for relief.

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On June 6, 2016, Plaintiff filed a Second Amended Complaint. In light of this filing, IT IS
HEREBY ORDERED that the Findings and Recommendation issued June 2, 2016, is VACATED.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

June 16, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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