(PC) Hill v. Her, et al.

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 5/17/2023 VACATING the 15 Findings and Recommendations filed on 4/28/2023 and GRANTING plaintiff 21 days to file the further briefing in support of his application to proceed ifp discussed in the 2/16/2023 order. Failure to file this further briefing will result in a recommendation that this action be dismissed.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CYMEYON HILL,

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No. 2: 22-cv-1849 KJM KJN P

Plaintiff,
v.

ORDER

HER, et al.,
Defendants.

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Plaintiff is a civil detainee, proceeding without counsel, with this civil rights action. For

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the reasons stated herein, the findings and recommendations filed April 28, 2023 recommending

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that this action be dismissed are vacated.

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On February 16, 2023, the undersigned ordered plaintiff to file further briefing in support

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of his application to proceed in forma pauperis within twenty-one days. (ECF No. 13.) On

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March 20, 2023, the February 16, 2023 order was returned unserved. On March 23, 2023, the

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Clerk of the Court reserved the February 16, 2023 order. The reserved order was not returned

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unserved. Twenty-one days passed from March 23, 2023, and plaintiff did not file the further

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briefing as ordered. Accordingly, on April 28, 2023, the undersigned recommended that this

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action be dismissed. (ECF No. 15.)

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On May 11, 2023, plaintiff filed objections to the April 28, 2023 findings and
recommendations. (ECF No. 16.) Although plaintiff did not address his failure to respond to the
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February 16, 2023 order in his objections, the undersigned finds good cause to vacate the April

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28, 2023 findings and recommendations. Plaintiff is granted twenty-one days from the date of

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this order to file the further briefing in support of his application to proceed in forma pauperis

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discussed in the February 16, 2023 order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The April 28, 2023 findings and recommendations (ECF No. 15) are vacated;

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2. Plaintiff is granted twenty-one days from the date of this order to file the further

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briefing in support of his application to proceed in forma pauperis discussed in the

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February 16, 2023 order; failure to file this further briefing will result in a

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recommendation that this action be dismissed.
Dated: May 17, 2023

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Hill1849.vac

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