Neal v. State of California et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2019 VACATING the 2/13/2019 22 findings and recommendations issued 2/13/2019. The Clerk shall re-serve plaintiff with the 1/29/2019 order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT W. NEAL,

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Plaintiff,

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No. 2: 18-cv-1259 KJM KJN P

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On January 29, 2019, the court issued an order in this action.

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(ECF No. 21.) The postal service was unable to serve this order on plaintiff. Accordingly, on

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February 13, 2019, the undersigned recommended that this action be dismissed for plaintiff’s

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failure to inform the court of any address change, as required by Local Rule 183(b). (ECF No.

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22.) The postal service was unable to serve the February 13, 2019 findings and recommendations

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on plaintiff.

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On March 8, 2019, plaintiff filed a notice of change of address. Because it appears that

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plaintiff intends to prosecute this action, the February 13, 2019 findings and recommendations are

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vacated.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The February 13, 2019 findings and recommendations (ECF No. 22) are vacated;
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2. The Clerk of the Court is directed to re-serve plaintiff with the January 29, 2019 order

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(ECF No. 21.)

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Dated: March 13, 2019

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Neal1259.vac
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