Sermeno v. Flener

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/5/2018 VACATING 12 Findings and Recommendations. The Clerk of the Court shall file a copy of this order in 1:18-cv-1584 AWI EPG, file a copy of the complaint in 1:18-cv-1584 AWI EPG in this case, identify the document as an amended complaint, and close 1:18-cv-1584 AWI EPG. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ALTAMIRANO SERMENO,

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Plaintiff,

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No. 2:18-cv-1040 KJM CKD P

v.

ORDER

KIMBERLY FLENER,

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Defendant.

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On October 30, 2018, the court recommended that this action be dismissed for plaintiff’s

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failure to file an amended complaint in accordance with this court’s September 13, 2018 order.

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Plaintiff filed objections to the court’s recommendation on December 3, 2018.
After reviewing the objections, the court has learned that the document which should have

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been filed in this action as plaintiff’s amended complaint was instead filed as a complaint in a

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new action. This is due, at least in part, to the fact that plaintiff did not identify the document as

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an amended complaint, nor include the case number from this action, although he was instructed

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to do so in the court’s September 13, 2018 order.

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Nonetheless, good cause appearing, IT IS HEREBY ORDERED that:

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1. The court’s October 30, 2018 findings and recommendations are vacated;

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2. The Clerk of the Court shall file a copy of this order in 1:18-cv-1584 AWI EPG; and

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3. The Clerk of the Court shall file a copy of the complaint (ECF No. 1) in 1:18-cv-1584

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AWI EPG in this case, identify the document as an “amended complaint,” and close 1:18-cv-1584

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AWI EPG.

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Dated: December 5, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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serm1040.vfrs

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