Martinez v. Davey et al

Filing 20

ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Barbara A. McAuliffe on 6/6/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO MARTINEZ,

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Plaintiff,
v.
D. DAVEY, et al.,

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Defendants.

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Case No.: 1:16-cv-00084-LJO-BAM (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS
(ECF No. 17)

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Plaintiff Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s action was transferred to

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this Court on January 20, 2016.

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On January 20, 2016, March 7, 2016, and April 20, 2016, the Court ordered Plaintiff to either

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consent to or decline to Magistrate Judge jurisdiction. (ECF Nos. 12, 14, 15.) Plaintiff failed to comply

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with those orders. Consequently, on May 17, 2016, the Court issued findings and recommendations

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recommending dismissal of this action for failure to prosecute and failure to obey a court order. (ECF

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No. 17.)

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On May 31, 2016, Plaintiff filed objections to the findings and recommendations, explaining

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that he was unable to communicate with the Court for various reasons, including that he was injured

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and recovering, was in protective custody, and was in the process of being transferred to other
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institutions. (ECF No. 19.) Plaintiff also filed his form opting to decline to the jurisdiction of a United

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States Magistrate Judge. (ECF No. 18.)

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In these circumstances, the Court finds it proper to vacate its findings and recommendations.

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Plaintiff has sufficiently explained his inability to respond to the Court’s prior orders, and is now in

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compliance.

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Accordingly, it is HEREBY ORDERED that the Findings and Recommendations issued on

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May 17, 2016 (ECF No. 17) are VACATED. Plaintiff’s complaint will be screened in due course,

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pursuant to 28 U.S.C. § 1915A(a).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 6, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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