Speck v. Shasta County Sheriff Department et al

Filing 37

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/2013 VACATING the 35 findings and recommendations; and defendants' reply, if any, shall be filed within 7 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY D. SPECK,
Plaintiff,

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vs.

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No. 2:09-cv-3440 TLN EFB P

SHASTA COUNTY SHERIFF’S
DEPARTMENT, et al.,

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Defendants.

ORDER

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/
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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On May 21, 2013, the court recommended that this action be dismissed for

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failure to prosecute after plaintiff failed to file a response to defendants’ motion to dismiss.

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Dckt. No. 35. The next day, plaintiff’s “objections” to the motion to dismiss were filed. Dckt.

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No. 36. The court construes plaintiff’s filing as an opposition to the motion to dismiss.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (Dckt. No. 35) are vacated; and

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2. Defendants’ reply, if any, shall be filed within seven days of the date this order is

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served.

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Dated: June 3, 2013.

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