Sapien v. Chappelle et al

Filing 12

ORDER vacating 9 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Michael J. Seng on 2/9/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD CASAREZ SAPIEN,
Plaintiffs,

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Case No. 1:16-cv-00910-DAD-MJS
ORDER VACATING FINDINGS AND
RECOMMENDATIONS

v.
AUDREY CHAPPELLE, et al.,

(ECF NO. 9)

Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed on June 24,

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2016. On January 3, 2018, following Plaintiff’s failure to file an amended complaint as

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ordered by the Court, the undersigned issued findings and recommendations to dismiss

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the action with prejudice for failure to obey a court order and failure to prosecute. (ECF

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No. 9.) On January 18 2018, Plaintiff filed objections to the findings and

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recommendations and also filed a first amended complaint. (ECF Nos. 10, 11.)

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As Plaintiff has now complied with the Court’s order requiring him to file an

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amended complaint, the findings and recommendations are HEREBY VACATED. The

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Court will screen Plaintiff’s complaint in due course. 28 U.S.C. § 1915(e)(2)(B)(ii).

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IT IS SO ORDERED.
Dated:

February 9, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE