Benton v. El Dorado County Sheriff's Department et al

Filing 34

ORDER signed by District Judge Troy L. Nunley on 2/22/2019 GRANTING 31 Plaintiff's request to reopen this case. The Clerk of Court is directed to VACATE 28 this Court's order dismissing this case, and the judgment of dismissal 29 . This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE BENTON,

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No. 2:15-cv-00772-TLN-AC

Plaintiff,
v.

ORDER

EL DORADO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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On February 5, 2019, the Court dismissed this case without prejudice due to Plaintiff’s

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failure to prosecute, and entered judgment accordingly. (See ECF Nos. 28, 29.) Shortly

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thereafter, Plaintiff filed objections, a notice of change of address, a request that this case be

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reopened, and a proposed Second Amended Complaint. (See ECF Nos. 30, 31, 32, 33.) Plaintiff

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states that he is now reincarcerated at the El Dorado County Jail, and explains that he is otherwise

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homeless, receiving mail at General Delivery which is returned if not picked up after ten days.

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(ECF No. 30 at 2; ECF No. 31 at 1–2.)

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For good cause shown, Plaintiff’s request to reopen this case, (ECF No. 31), is

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GRANTED. The Clerk of Court is directed to vacate this Court’s order dismissing this case,

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(ECF No. 28), and the judgment of dismissal, (ECF No. 29). This case is referred back to the

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assigned magistrate judge for all further pretrial proceedings.

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Dated: February 22, 2019

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Troy L. Nunley
United States District Judge

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