Krzysztof Wolinski v. Acosta et al

Filing 18

ORDER Vacating FINDINGS AND RECOMMENDATIONS (ECF No. 15 ), ORDER Granting Plaintiff's Motion For Leave To File An Amended Complaint (ECF No. 16 ), signed by Magistrate Judge Stanley A. Boone on 11/19/2015. (Fahrney, E)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KRZYSZTOF WOLINSKI, Plaintiff, 8 ORDER VACTING FINDINGS AND RECOMMENDATIONS (ECF No. 15) v. 9 10 Case No. 1:15-cv-00519-LJO-SAB-PC ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (ECF No. 16) N. ACOSTA, et al., Defendants. 11 12 13 On September 1, 2015, an order was entered, dismissing the complaint in this action for 14 failure to state a claim and granting Plaintiff leave to file an amended complaint. (ECF No. 14.) 15 Since the Plaintiff failed to amend with the time frame ordered on October 19, 2015, findings 16 and recommendations were issued recommending that this action be dismissed. (ECF No. 15.) 17 On November 5, 2015, Plaintiff filed a motion for leave to file an amended complaint. (ECF No. 18 16.) On November 6, 2015, Plaintiff filed a first amended complaint. Good cause appearing, IT 19 IS HEREBY ORDERED that: 20 1. The October 19, 2015, recommendation of dismissal is vacated; and 21 2. Plaintiff’s motion for leave to file an amended complaint is granted. This action 22 proceeds on the November 6, 2015, first amended complaint. 23 24 IT IS SO ORDERED. 25 Dated: November 19, 2015 UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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