(PC) Rabiee v. Shasta County Correctional Facility

Filing 11

ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2021 VACATING the 9 Findings and Recommendations filed 11/12/2020. Plaintiff shall submit a response to the 9/24/2020, Screening Order within 30 days. Failure to timely respond will result in a renewed recommendation to dismiss this case. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HAMID RABIEE,

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No. 2:20-cv-0514 TLN DB P
Plaintiff,

v.

ORDER

SHASTA COUNTY CORRECTIONAL
FACILITY, et al.,
Defendants.

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Plaintiff is a county detainee proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On September 24, 2020, plaintiff’s first amended complaint

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was screened and found to be devoid of a cognizable claim. (ECF No. 7.) Plaintiff was then

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granted leave to file a second amended complaint, a notice of his willingness to stand on the first

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amended complaint as written, or a notice of voluntary dismissal. When plaintiff did not respond

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to the Court order or seek an extension of time to do so before the response deadline passed, the

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Court issued findings and recommendations to dismiss this case.

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Plaintiff has now filed objections suggesting that he did submit a second amended

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complaint. (ECF No. 10) Examination of the docket in this case reveals that no amended pleading

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was filed, but it does appear that plaintiff filed a second amended petition for writ of habeas

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corpus in Rabiee v. Shasta County Corr. Facility, Case No. 2:20-cv-0813-TLN-DMC. To date,

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plaintiff has still not responded to the Court’s September 24, 2020, Screening Order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The November 12, 2020, findings and recommendations (ECF No. 9) are VACATED;

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and

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2.

Plaintiff shall submit a response to the September 24, 2020, Screening Order within

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thirty days. Failure to timely respond will result in a renewed recommendation to

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dismiss this case.

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Dated: January 5, 2021

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/DLB7;

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DB/Inbox/Routine/rabi0514.vacate F&R+eot

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