Johnson v. Beard

Filing 40

ORDER signed by Magistrate Judge Kendall J. Newman on 05/14/19 VACATING 36 FINDINGS AND RECOMMENDATIONS and dismissing 35 Motion to Amend the Complaint. This action now proceeds on plaintiffs second amended complaint filed April 19, 2019. The C lerk of the Court is directed to strike Objections to Magistrate Judges Findings and Recommendations from the title of the pleading ( 39 at 1) and separately docket, as a new docket entry, pages 1-14 as plaintiffs second amended complaint (ECF No. 39 at 1-14), and pages 15-45 as plaintiffs exhibits to his second amended complaint (ECF No. 39 at 15-45).. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DAVID JOHNSON,

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Plaintiff,

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v.

No. 2:15-cv-1313 TLN KJN P

ORDER

J. A. BEARD, et al.,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 7, 2019, the undersigned filed findings and recommendations herein which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff filed objections to the

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findings and recommendations, along with a motion to amend and a proposed second amended

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complaint.
Plaintiff was previously provided leave to amend; therefore his motion to amend is

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dismissed as moot. Plaintiff has now submitted a proposed second amended complaint that

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appears to comply with the court’s March 20, 2018 order. Despite the delay, the undersigned

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vacates the findings and recommendations and will screen plaintiff’s amended pleading by

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separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 7, 2019, are vacated;

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2. Plaintiff’s motion to amend (ECF No. 35) is dismissed as moot;

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3. This action now proceeds on plaintiff’s second amended complaint filed April 19,

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2019; and

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4. The Clerk of the Court is directed to strike “Objections to Magistrate Judge’s Findings

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and Recommendations” from the title of the pleading (ECF No. 39 at 1) and separately docket, as

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a new docket entry, pages 1-14 as plaintiff’s second amended complaint (ECF No. 39 at 1-14),

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and pages 15-45 as plaintiff’s exhibits to his second amended complaint (ECF No. 39 at 15-45).

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Dated: May 14, 2019

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/john1313.vac

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