Johnson v. Kramer

Filing 10

ORDER Vacating Findings and Recommendation to Dismiss Action for Failure to State a Claim, signed by Magistrate Judge Dennis L. Beck on 10/27/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR JOHNSON,
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Plaintiff,

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vs.
NORM KRAMER, et al.,
Defendants.

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1:15-CV-01338 LJO DLB PC
ORDER VACATING FINDINGS AND
RECOMMENDATION TO DISMISS
ACTION FOR FAILURE TO STATE A
CLAIM

Plaintiff Lamar Johnson (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action.
On January 8, 2015, Plaintiffs William Stafford and Lamar Johnson filed a civil rights
action in case number 1:15-cv-00038 LJO DLB PC. On September 2, 2015, the Court screened

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the complaint and issued an order dismissing the complaint, severing Plaintiffs’ claims, and

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directing the Clerk’s Office to open a new action for Plaintiff Johnson. On that same date, the

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Clerk’s Office opened the instant case with Plaintiff Johnson as the sole plaintiff. Plaintiff was

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directed to file an amended complaint within thirty days of the date of service of the order. Over

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thirty days passed and Plaintiff failed to file an amended complaint. In the Court’s order

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directing Plaintiff to file an amended complaint, the Court expressly stated: “If a Plaintiff fails to

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file an amended complaint in compliance with this order, his action will be dismissed, with
prejudice, for failure to state a claim.”

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Therefore, on October 7, 2015, the Court issued a Findings and Recommendation to
dismiss the action for failure to state a claim. Plaintiff was granted fourteen days to file
objections.

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On October 13, 2015, Plaintiff filed a First Amended Complaint in compliance with the
Court’s previous order.

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Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendation issued

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on October 7, 2015, is VACATED. The First Amended Complaint will be screened in due
course.

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IT IS SO ORDERED.
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Dated:

/s/ Dennis

October 27, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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