(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HAMID RABIEE, 12 13 14 15 16 No. 2:20-cv-0514 TLN DB P Plaintiff, v. ORDER SHASTA COUNTY CORRECTIONAL FACILITY, et al., Defendants. 17 18 Plaintiff is a county detainee proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. On September 24, 2020, plaintiff’s first amended complaint 20 was screened and found to be devoid of a cognizable claim. (ECF No. 7.) Plaintiff was then 21 granted leave to file a second amended complaint, a notice of his willingness to stand on the first 22 amended complaint as written, or a notice of voluntary dismissal. When plaintiff did not respond 23 to the Court order or seek an extension of time to do so before the response deadline passed, the 24 Court issued findings and recommendations to dismiss this case. 25 Plaintiff has now filed objections suggesting that he did submit a second amended 26 complaint. (ECF No. 10) Examination of the docket in this case reveals that no amended pleading 27 was filed, but it does appear that plaintiff filed a second amended petition for writ of habeas 28 1 1 corpus in Rabiee v. Shasta County Corr. Facility, Case No. 2:20-cv-0813-TLN-DMC. To date, 2 plaintiff has still not responded to the Court’s September 24, 2020, Screening Order. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The November 12, 2020, findings and recommendations (ECF No. 9) are VACATED; 5 and 6 2. Plaintiff shall submit a response to the September 24, 2020, Screening Order within 7 thirty days. Failure to timely respond will result in a renewed recommendation to 8 dismiss this case. 9 Dated: January 5, 2021 10 11 12 13 /DLB7; 14 DB/Inbox/Routine/rabi0514.vacate F&R+eot 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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