(PC) Healy v. Yasmeen et al

Filing 14

ORDER signed by Magistrate Judge Dennis M. Cota on 9/14/2020 VACATING the 11 Findings and Recommendations issued on 8/31/2020. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFF HEALY,

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No. 2:19-CV-2052-WBS-DMC-P
Plaintiff,

v.

ORDER

SHAGUFTA YASMEEN, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. On June 15, 2020, the Court screened plaintiff’s complaint and found that he

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stated some cognizable claims and that other claims were not cognizable. See ECF No. 9. The

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Court ordered that plaintiff may either amend his complaint to remedy the deficiencies therein or

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elect to proceed on his otherwise valid claims. Id. No amended complaint followed. On August

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31, 2020, the Court, in error, issued findings and recommendations, recommending that plaintiff’s

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action be dismissed for lack of prosecution and failure to comply with court rules and orders. See

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ECF No. 11. On September 8, 2020, plaintiff submitted objections to the findings and

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recommendations, pointing out the Court had granted him the opportunity to forgo amending the

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complaint and proceed on his cognizable claims. See ECF No. 12. Therefore, the Court’s August

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31, 2020 findings and recommendations, having been issued in error, are hereby vacated. By

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separate orders, the Court will address any deficient claims as well as service of process as to the
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cognizable claims.
IT IS SO ORDERED.

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Dated: September 14, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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