Vincze v. Robinson

Filing 53

ORDER signed by Judge Lawrence K. Karlton on 5/17/05: The court's order 39 40 dismissing this action is vacated. With the exceptiton of footnote #2, the Findings and Recommendation 27 by the magistrate judge assigned to this case are adop ted in full; dft's 17 Motion to Dismiss is granted except as to plt's claim that dft retaliated against him by not providing plt with a copy of June 2000 petition for writ of certiorari filed in the US Supreme Court because plt named dft in an inmate grievance. This matter is remanded to the magistrate judge for further proceedings . (Duong, D)

(PC) Vincze v. Robinson

Doc. 53

Case 2:02-cv-01719-LKK-KJM

Document 53

Filed 05/18/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. LEON ROBINSON, Defendant. / In accordance with the Ninth Circuit Court of Appeal's June 24, 2004 order remanding this case, IT IS HEREBY ORDERED that: 1. The court's September 10, 2003 order dismissing this action is vacated; 2. With the exception of footnote #2, the findings and recommendations filed June 11, 2003 by the magistrate judge assigned to this case are adopted in full; 3. Defendant's February 13, 2003 motion to dismiss is granted except as to plaintiff's claim that defendant retaliated against him by not providing plaintiff with a copy of a ///// ///// ///// ///// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH DAVID VINCZE, Plaintiff, No. CIV S-02-1719 LKK KJM P

ORDER

Case 2:02-cv-01719-LKK-KJM

Document 53

Filed 05/18/2005

Page 2 of 2

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June 2000 petition for writ of certiorari filed in the United States Supreme Court because plaintiff named defendant in an inmate grievance; and 4. This matter is remanded to the magistrate judge for further proceedings. DATED: May 17, 2005. /s/Lawrence K. Karlton UNITED STATES DISTRICT JUDGE
vinc1719.805

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