Leiva v. Jackson

Filing 17

ORDER VACATING FINDINGS AND RECOMMENDATIONS 11 , signed by Magistrate Judge Erica P. Grosjean on 7/6/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-00167-AWI-EPG (PC)

ANDRE LEIVA,
Plaintiff,

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v.

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ORDER VACATING FINDINGS AND
RECOMMENDATIONS

W. JACKSON,

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(ECF NO. 11)
Defendant.

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Andre Leiva (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action filed pursuant to 42 U.S.C. § 1983. On March 31, 2017, the Court screened

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Plaintiff’s complaint and found that it failed to state a claim upon which relief could be granted.

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(ECF No. 10). The Court gave Plaintiff thirty days from the date of service of the screening order

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to file an amended complaint or to notify the Court that he wanted to stand on his complaint,

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subject to the Court issuing findings and recommendations consistent with the screening order to

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the assigned district judge. (Id.). The Court also warned Plaintiff that failure to file an amended

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complaint or to notify the court that he wanted to stand on his complaint could result in the

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dismissal of this case. (Id. at p. 6).

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The time period expired, and Plaintiff did not file an amended complaint or notify the
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Court that he wanted to stand on his complaint. Accordingly, the Court issued findings and

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recommendations, recommending that Plaintiff’s case be dismissed, with prejudice, for failure to

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state a claim, failure to comply with a court order, and failure to prosecute. (ECF No. 11).

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On June 5, 2017, Plaintiff filed objections to the findings and recommendations. (ECF

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No. 12). According to Plaintiff, he filed an amended complaint on or around April 25, 2017.

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(Id.). Based on Plaintiff’s representations, the Court issued an order giving Plaintiff twenty-one

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days to file his amended complaint. (ECF No. 14, p. 2). The Court informed Plaintiff that if he

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filed his amended complaint within this twenty-one day period, the Court would vacate its

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findings and recommendations. (Id.).

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On July 5, 2017, Plaintiff filed his First Amended Complaint. (ECF No. 16). Therefore,

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the Court will vacate its findings and recommendations, and Plaintiff’s First Amended Complaint

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will be screened in due course.

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Accordingly, based on the foregoing, IT IS ORDERED that the findings and
recommendations the Court issued on May 17, 2017 (ECF No. 11), are VACATED.

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IT IS SO ORDERED.
Dated:

July 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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