Vaughn v. On Habeas Corpus

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2017 VACATING the 8 findings and recomendations filed 12/6/2016; petitioner is GRANTED 30 days to file an amended petition; and petitioner's failure to timely file an amended petition will result in dismissal of this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK A. VAUGHN,

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Petitioner,

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No. 2:16-cv-2384 JAM CKD P

v.

ORDER

STUART SHERMAN,

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Respondent.

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On December 6, 2016, the undersigned recommended that this action be dismissed due to

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petitioner’s failure to timely amend. (ECF No. 8.) Petitioner has filed objections to the findings

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and recommendations. (ECF No. 11.)
Good cause appearing, the court will vacate its recommendation of dismissal and grant

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plaintiff an additional thirty days to file an amended petition per the requirements set forth in the

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October 21, 2016 screening order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 6, 2016 are VACATED; and

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2. Petitioner is granted thirty days from the date of this order to file an amended petition;

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and

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3. Petitioner’s failure to timely file an amended petition will result in dismissal of this

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action.

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Dated: April 4, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/vaug2384.vac

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