Gomez v. Gipson et al

Filing 19

ORDER VACATING 13 FINDINGS AND RECOMMENDATIONS Issued March 11, 2016 signed by Magistrate Judge Stanley A. Boone 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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GABRIEL GOMEZ,

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Plaintiff,

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v.
C. GIPSON, et al.,

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Defendants.

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Case No.: 1:15-cv-00726-LJO-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATION ISSUED
MARCH 11, 2016
[ECF No. 13]

Plaintiff Gabriel Gomez is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On February 2, 2016, the Court screened and dismissed Plaintiff’s original complaint, with

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leave to amend, for failure to state a cognizable claim. (ECF No. 12.) After Plaintiff failed to file an

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amended complaint or otherwise respond to the Court’s order within the thirty day time, Findings and

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Recommendations recommending dismissal of the action were issued on March 11, 2016. (ECF No.

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13.)

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On April 19, 2016, the Court granted Plaintiff an extension of time to file objections to the

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Findings and Recommendations. (ECF No. 17.) In lieu of filing objections, Plaintiff filed an amended

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complaint on May 26, 2016. In light of the fact that Plaintiff has now filed an amended complaint, the

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Court will vacate the Findings and Recommendations issued March 11, 2016. However, Plaintiff is

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advised that any and all deadlines will be strictly enforced by the Court, and his failure to comply with

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deadlines may result in dismissal of the action for failure to prosecute.
Accordingly, it is HEREBY ORDERED that the Findings and Recommendation issued March

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11, 2016, is VACATED.

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IT IS SO ORDERED.

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Dated:

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June 16, 2016
UNITED STATES MAGISTRATE JUDGE

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