Cross v. Unknown

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2011 VACATING the 7 findings and recommendations; this case will proceed on the 7/8/11 petition. (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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JAMES P. CROSS,

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Petitioner,

No. CIV S-11-1665 JAM CKD

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vs.
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UNKNOWN,
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ORDER
Respondent.

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/

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On August 9, 2011, the undersigned recommended that this action be dismissed

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for failure to timely file a petition. It has since come to the court’s attention that, on July 8, 2011,

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petitioner filed a petition that initiated a duplicative action, CIV S-11-1801 CKD P. On

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November 9, 2011, that action was closed and the petition was re-filed in this action pursuant to

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court order. (Dkt. No. 9.)

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Accordingly, the August 9, 2011 recommendation that this action be dismissed
(Dkt. No. 7) is hereby VACATED. This case will proceed on the petition filed July 8, 2011.
Dated: November 16, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / cross 1665.vac

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