Lopez v. Holland et al

Filing 16

ORDER VACATING 14 FINDINGS & RECOMMENDATION and ORDERING Plaintiff to File Amended Complaint,signed by Magistrate Judge Michael J. Seng on 9/16/16. (Amended Complaint due: 3-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS FRANCISCO LOPEZ,

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Plaintiff,

ORDER
VACATING
FINDINGS
&
RECOMMENDATION AND ORDERING
PLAINTIFF
TO
FILE
AMENDED
COMPLAINT

v.
HOLLAND, et al.,

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CASE No. 1:16-cv-0039-AWI-MJS (PC)

(ECF NO. 14)

Defendants.

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THIRTY-DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights
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action pursuant to 42 U.S.C. § 1983. On April 1, 2016, Plaintiff’s complaint was

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dismissed for failure to state a claim, and he was granted thirty days to file an amended
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complaint. (ECF No. 10.) On April 18, 2016, the undersigned granted Plaintiff a 60-day
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extension of time to file a First Amended Complaint. When Plaintiff failed to file an
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amended

complaint, the

undersigned

issued

Findings and Recommendations

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recommending that this case be dismissed for failure to comply with a court order and
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failure to prosecute. Plaintiff has since filed objections.
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The July 5, 2016, findings and recommendations (ECF No. 14) are VACATED;
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and
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2. Plaintiff is directed to file an amended complaint within thirty days from the

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date of this order. Plaintiff is hereby informed that his failure to comply with this

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order will result in a renewed recommendation to dismiss this action.

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IT IS SO ORDERED.
Dated:

September 16, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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