Cranford v. King et al
Filing
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ORDER Vacating 11 Findings and Recommendations Entered on July 7, 2015 signed by Magistrate Judge Gary S. Austin on 08/04/2015. Amended Complaint due by 9/8/2015.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARCHIE CRANFORD,
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Plaintiff,
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vs.
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1:15-cv-00024-AWI-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ENTERED ON
JULY 7, 2015
(ECF No. 11.)
A. KING, et al.,
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Defendants.
THIRTY DAY DEADLINE TO FILE
AMENDED COMPLAINT
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I.
BACKGROUND
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Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on
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January 7, 2015. (ECF No. 1.)
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On July 7, 2015, the court entered findings and recommendations to dismiss this case
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for Plaintiff’s failure to state a claim, based on Plaintiff’s failure to file an amended complaint
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pursuant to the court’s order of May 27, 2015. (ECF No. 11.) On July 30, 2015, Plaintiff filed
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objections to the findings and recommendations. (ECF No. 12.) Plaintiff claims that on May
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29, 2015, he received the court’s May 27, 2015 order and submitted an amended complaint to
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the court two days later.
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II.
DISCUSSION
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Plaintiff claims that he sent the amended complaint from Coalinga State Hospital on
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May 31, 2015. However, there is no evidence on the court’s record that the court received the
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amended complaint. Therefore, good cause appearing, the court shall vacate the findings and
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recommendations of July 7, 215 and allow Plaintiff thirty days in which to re-submit the
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amended complaint.
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III.
CONCLUSION
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In light of the foregoing, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations entered on July 7, 2015, are VACATED;
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2.
Plaintiff is GRANTED thirty days from the date of service of this order in which
to file an amended complaint pursuant to the court’s order of May 27, 2015; and
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3.
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Plaintiff=s failure to comply with this order shall result in the dismissal of this
action, with prejudice, for failure to state a claim.
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IT IS SO ORDERED.
Dated:
August 4, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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