Elias v. Kinross et al

Filing 95

ORDER signed by Magistrate Judge Deborah Barnes on 10/19/2023 VACATING the 91 Findings and Recommendations filed on 9/28/2023. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEIRON M. ELIAS,

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No. 2:17-cv-02106 WBS DB P

Plaintiff,
v.

ORDER

J. KINROSS, et al.,

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Defendants.

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Plaintiff proceeds pro se with this civil rights action. On September 28, 2023, the

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undersigned filed findings and recommendations recommending that this action be dismissed

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without prejudice for plaintiff’s failure to timely file a pretrial statement. (ECF No. 91.) Plaintiff

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has objected to the findings and recommendations, stating plaintiff was under the belief that a

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request for stay had been filed due to her custody in the Riverside County Jail awaiting

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resentencing. (ECF No. 93.) Having considered plaintiff’s objections, the undersigned vacates the

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recommendation to dismiss this case without prejudice.

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In accordance with the above, IT IS HEREBY ORDERED that the findings and

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recommendations filed September 28, 2023 (ECF No. 91), are vacated.

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Dated: October 19, 2023

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DLB7
elia2106.805

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