Laskiewicz v. Swartz et al

Filing 64

ORDER VACATING 59 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/17/2014. This case will proceed on plaintiff's 44 Motion for Default Judgment. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID LEE LASKIEWICZ,

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No. 2:11-cv-2828-JAM-CMK

Plaintiff,
vs.

ORDER

RUSSELL SWARTZ, et al.,
Defendants.

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Plaintiff, proceeding in this action in propria persona, brings this civil action. On

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January 28, 2014, the undersigned issued findings and recommendations recommending that this

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action be dismissed without prejudice for plaintiff’s lack of prosecution and failure to keep the

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court informed as to his current address.

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Plaintiff’s late filed objections to the findings and recommendations are now
pending before the court.

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Plaintiff states in his objections that he was having difficulty retrieving his mail

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from his current Post Office box. However, it appears that is still the current address, and that

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his difficulties have been resolved. As such, the undersigned will vacate the findings and

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recommendations, and this case will proceed. The undersigned notes plaintiff has set a hearing
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on his motion for default judgment against defendants Swartz and Kinney for December 3, 2014.

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Any response or further briefs pertaining thereto shall be filed no later than November 19, 2014.

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Accordingly, IT IS HEREBY ORDERED that the findings and recommendations

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issued January 28, 2014, are vacated and this case will proceed on the motion for default

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judgment.

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DATED: October 17, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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