Dillingham v. Emerson

Filing 44

ORDER VACATING 34 FINDINGS AND RECOMMENDATIONS Issued on September 19, 2018 signed by Magistrate Judge Stanley A. Boone on 1/14/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY DILLINGHAM,

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Plaintiff,
v.
N. EMERSON, et al.,
Defendants.

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No. 1:18-cv-00507-AWI-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ISSUED ON
SEPTEMBER 19, 2018
(ECF No. 34)

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Plaintiff Jerry Dillingham is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. §§ 1983, 1985 and 1986.

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On September 19, 2018, the undersigned screened Plaintiff’s amended complaint, (ECF No. 10),

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and issued findings and recommendations recommending that this case proceed against Defendants

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Emerson, Wilson, Wescoat, Velasco, Martines, and Loflen, in their individual capacities, for conditions

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of confinement in violation of the Eighth Amendment, and that all other claims and defendants be

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dismissed. (ECF No. 34.) Plaintiff was served with the findings and recommendations, and permitted

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thirty days to file any objections. (Id. at 7-8.)

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Plaintiff filed objections, on extension, dated November 28, 2018, which showed some intent to

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add to or clarify his factual allegations. (ECF No. 41.) Therefore, on December 11, 2018, the Court

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granted Plaintiff leave to file a second amended complaint within thirty (30) days. (ECF No. 42.)
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On January 11, 2019, Plaintiff filed a second amended complaint. (ECF No. 43.)

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Accordingly, because Plaintiff has filed a second amended complaint, IT IS HEREBY

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ORDERED that:

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The Findings and Recommendations issued on September 19, 2018 (ECF No. 34), are

vacated; and
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The Court will screen Plaintiff’s second amended complaint in due course.

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IT IS SO ORDERED.

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Dated:

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January 14, 2019
UNITED STATES MAGISTRATE JUDGE

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