IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 3, 2008
JOE NATHAN TAYLOR, PLAINTIFF,
E. ALLISON, DEFENDANT.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
On June 20, 2008, an order was entered, finding the complaint stated a claim against Defendant Allison on his retaliation claim. The order noted that Plaintiff failed to state a claim against Defendant Allison on his equal protection claim. Plaintiff was advised that if he failed to file an amended complaint, this action would proceed on Plaintiff's retaliation claim. T
The thirty day period in which to file an amended complaint passed, and on August 5, 2008, a recommendation of dismissal was entered, recommending dismissal of Plaintiff's equal protection claim. On the same date, an order was entered, directing Plaintiff to complete and submit to the court a form for service of process upon Defendant Allison. Plaintiff also file a first amended complaint, on which this action now proceeds.
Accordingly, IT IS HEREBY ORDERED that:
1. The August 5, 2008, findings and recommendations are vacated.
2. The August 5, 2008, order directing Plaintiff to complete the USM 285 form is vacated.
3. This action proceeds on the August 5, 2008, first amended complaint.
IT IS SO ORDERED.
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