Ruiz v. Curry
Filing
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ORDER vacating 12 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Stanley A. Boone on 3/8/2018. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROGELIO MAY RUIZ,
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Plaintiff,
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v.
J. CURRY,
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Defendant.
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Case No. 1:17-cv-01454-DAD-SAB (PC)
ORDER VACATING FEBRUARY 20, 2018
FINDINGS AND RECOMMENDATIONS
[ECF Nos. 12, 14]
Plaintiff Rogelio May Ruiz is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983.
On January 10, 2018, the Court found that Plaintiff’s complaint failed to state a cognizable
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claim for relief, and granted Plaintiff leave to file an amended complaint within thirty days. (ECF No.
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11.) Plaintiff was warned that if he failed to comply, the Court would recommend that the action be
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dismissed for failure to state a cognizable claim for relief. (Id.)
Plaintiff did not file an amended complaint. Therefore, on February 20, 2018, the undersigned
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issued Findings and Recommendations recommending dismissal of the action for failure to state a
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cognizable claim and failure to comply with court order. (ECF No. 12.)
On March 2, 2018, Plaintiff filed a first amended complaint. (ECF No. 13.) Then, on March
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6, 2018, Plaintiff filed objections to the Findings and Recommendations. (ECF No. 14.)
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In light of the fact that Plaintiff has now filed an amended complaint, albeit untimely, in the
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interest of justice the Court will vacate the Findings and Recommendations and screen the amended
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complaint pursuant to 28 U.S.C. § 1915A in due course.
Accordingly, it is HEREBY ORDERED that the February 20, 2018 (ECF No. 12) Findings and
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Recommendations are VACATED.
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IT IS SO ORDERED.
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Dated:
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March 8, 2018
UNITED STATES MAGISTRATE JUDGE
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