Davis v. Washington State Department of Corrections et al

Filing 12

ORDER vacating 10 Report and Recommendations and will consider the case in light of the Amended Complaint, signed by Magistrate Judge David W. Christel.(CMG)cc: to Plaintiff

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 KEITH ADAIR DAVIS, 11 12 13 14 15 Plaintiff, CASE NO. 3:16-CV-05129-BHS ORDER VACTING REPORT AND RECOMMENDATION v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendants. 16 17 The District Court referred this 42 U.S.C. § 1983 action to United States Magistrate 18 Judge David W. Christel. Plaintiff Keith Adair Davis, proceeding pro se and in forma pauperis, 19 filed the civil rights Complaint on February 19, 2016. See Dkt. 1. 20 Plaintiff was instructed to amend his Complaint on or before June 10, 2016. Dkt. 9. 21 Plaintiff’s Amended Complaint was received by the Clerk’s Office on June 24, 2016. See Dkt. 22 11. Between the date the Amended Complaint was received by the Clerk’s Office and the date it 23 was docketed, the undersigned entered a Report and Recommendation recommending Plaintiff’s 24 case be dismissed for failure to file an amended complaint. See Dkt. 10, 11. As Plaintiff has now ORDER VACTING REPORT AND RECOMMENDATION - 1 1 filed an Amended Complaint, the undersigned vacates the Report and Recommendation (Dkt. 2 10) and will consider the case in light of the Amended Complaint. 3 Dated this 29th day of June, 2016. A 4 5 David W. Christel United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER VACTING REPORT AND RECOMMENDATION - 2

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