Shabazz v. Beard, et al.

Filing 21

ORDER Vacating 20 FINDINGS and RECOMMENDATIONS Entered on August 30, 2016, signed by Magistrate Judge Erica P. Grosjean on 8/31/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMIR SHABAZZ,

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Plaintiff,

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vs.

1:15-cv-00881-DAD-EPG-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ENTERED ON
AUGUST 30, 2016
(ECF No. 20.)

JEFFERY A. BEARD, et al.,

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Defendants.

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I.

BACKGROUND

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Amir Shabazz (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on October

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6, 2014. (ECF No. 1.)

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On July 30, 2015, Plaintiff filed the First Amended Complaint. (ECF No. 13.) On

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August 18, 2016, the Court screened the First Amended Complaint and issued an order

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dismissing the First Amended Complaint with leave to file a Second Amended Complaint

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within thirty days. (ECF No. 19.)

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On August 30, 2016, the Court entered findings and recommendations, recommending

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that this action be dismissed, with prejudice, for Plaintiff’s failure to state a claim. (ECF No.

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20.)

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recommendations. These findings and recommendations were entered in error and shall be

Plaintiff was granted thirty days in which file objections to the findings and

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vacated from the record. Plaintiff is not required to file any objections to accomplish this

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result.

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Plaintiff is advised that the Court’s August 18, 2016 order remains in effect. (ECF No.

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19.) Pursuant to that order, Plaintiff has leave to file a Second Amended Complaint not

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exceeding twenty-five pages within thirty days after August 18, 2016. Plaintiff should review

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the August 18, 2016 order for instructions and guidance.

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II.

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CONCLUSON
Accordingly, based on the foregoing and good cause appearing, IT IS HEREBY

ORDERED that:
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The findings and recommendations entered on August 30, 2016, are
VACATED;

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2.

The Court’s order issued on August 18, 2016, remains in effect; and

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3.

Pursuant to the Court’s order issued on August 18, 2016, Plaintiff has leave to

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file a Second Amended Complaint within thirty days after August 18, 2016.

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IT IS SO ORDERED.
Dated:

August 31, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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