Pombo v. Frauenheim

Filing 12

ORDER VACATING FINDINGS AND RECOMMENDATION 6 , signed by Magistrate Judge Jennifer L. Thurston on 9/22/16. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN STACEY POMBO, 12 13 14 Petitioner, 1:16-cv-01159-AWI-JLT (HC) ORDER VACATING FINDINGS AND RECOMMENDATION v. (Doc. 6) SCOTT FRAUENHEIM, Warden, 15 Respondent. 16 17 Petitioner failed to file an amended petition within the allotted time as ordered by the 18 Court after the Court screened and dismissed his initial petition. Accordingly, on September 19, 19 2016, the Court issued a Findings and Recommendation to dismiss the petition for failure to 20 comply. On the same date, Petitioner filed a First Amended Petitioner. Since Petitioner has now 21 complied, the Court ORDERS the Findings and Recommendation of September 19, 2016, is 22 VACATED. 23 IT IS SO ORDERED. 24 25 Dated: September 22, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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