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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RICHARD CASAREZ SAPIEN, Plaintiffs, 9 10 11 Case No. 1:16-cv-00910-DAD-MJS ORDER VACATING FINDINGS AND RECOMMENDATIONS v. AUDREY CHAPPELLE, et al., (ECF NO. 9) Defendants. 12 13 14 15 Plaintiff is proceeding pro se and in forma pauperis in this action filed on June 24, 16 2016. On January 3, 2018, following Plaintiff’s failure to file an amended complaint as 17 ordered by the Court, the undersigned issued findings and recommendations to dismiss 18 the action with prejudice for failure to obey a court order and failure to prosecute. (ECF 19 No. 9.) On January 18 2018, Plaintiff filed objections to the findings and 20 recommendations and also filed a first amended complaint. (ECF Nos. 10, 11.) 21 As Plaintiff has now complied with the Court’s order requiring him to file an 22 amended complaint, the findings and recommendations are HEREBY VACATED. The 23 Court will screen Plaintiff’s complaint in due course. 28 U.S.C. § 1915(e)(2)(B)(ii). 24 25 26 27 28 IT IS SO ORDERED. Dated: February 9, 2018 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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