Williams v. Davey et al

Filing 13

ORDER VACATING 11 FINDINGS AND RECOMMENDATIONS Entered on November 17, 2017; ORDER Directing Clerk to File First Amended Complaint Lodged on December 4, 2017, signed by Magistrate Judge Gary S. Austin on 12/7/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WILLIAMS,

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Plaintiff,
vs.

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Defendants.

ORDER VACATING FINDINGS AND
RECOMMENDATIONS ENTERED ON
NOVEMBER 17, 2017
(ECF No. 11.)

DAVID DAVEY, et al.,

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1:17-cv-00300-DAD-GSA-PC

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ORDER DIRECTING CLERK TO FILE FIRST
AMENDED COMPLAINT LODGED ON
DECEMBER 4, 2017
(ECF No. 12.)

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John Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. § 1983.

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On November 17, 2017, the undersigned entered findings and recommendations to

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dismiss this action for failure to state a claim, based on Plaintiff’s failure to file a First

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Amended Complaint within thirty days, pursuant to the court’s order of October 3, 2017. (ECF

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No. 11.) Plaintiff was granted fourteen days in which to file objections to the findings and

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recommendations. On December 4, 2017, Plaintiff lodged his First Amended Complaint.

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(ECF No. 12.)

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Plaintiff has not filed objections to the findings and recommendations or explained why

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his amended complaint is late.

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Complaint for filing and vacate the findings and recommendations.

Nonetheless, the court shall accept the First Amended

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Accordingly, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations entered on November 17, 2017, are
VACATED;

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The Clerk is directed to FILE Plaintiff’s First Amended Complaint, which was
lodged on December 4, 2017;

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3.

Plaintiff’s First Amended Complaint is deemed timely filed; and

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4.

The court shall screen the First Amended Complaint in due time.

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IT IS SO ORDERED.
Dated:

December 7, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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