Harris v. Hawkins et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 3/4/13 ORDERING that the order and judgment (Dkt. Nos. 14 & 15 .) are VACATED and this matter is reopened. Plaintiffs amended complaint will be screened in due course.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

MILTON DEXTER HARRIS,
Plaintiff,

11
12

vs.

13

No. 2: 12-cv-3067 JFM (PC)

HAWKINS, et al.,
Defendants.

14

ORDER
/

15
16

By order dated February 26, 2013, this action was dismissed without prejudice

17

and judgment was entered because plaintiff had not yet filed an amended complaint within the

18

previously specified period. (See Dkt. No 14.) However, after that order was signed, but before

19

being entered on the docket by the Clerk, plaintiff’s first amended complaint was entered on the

20

court’s docket. (See Dkt. No. 13.) The first amended complaint is dated February 15, 2013,

21

which is within the period of time upon which plaintiff had to file his first amended complaint.

22

/////

23

/////

24

/////

25

/////

26
1

1

Accordingly, IT IS HEREBY ORDERED that the order and judgment (Dkt. Nos.

2

14 & 15.) are VACATED and this matter is reopened. Plaintiff’s amended complaint will be

3

screened in due course.

4

DATED: March 4, 2013.

5
6
7
8
9

14
harr.3067.reopen

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2