IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 9, 2009
RICKY REYES, PLAINTIFF,
WARDEN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER VACATING FINDINGS AND RECOMMENDATIONS
Plaintiff Ricky Reyes ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on May 5, 2008. On September 11, 2008, the court issued a Findings and Recommendations recommending that this action be dismissed without prejudice for Plaintiff's failure to prosecute. The Findings and Recommendations contained notice that any objection was to be filed within fifteen days.
On February 2, 2009, Plaintiff filed an objection, wherein he states that he has not been discharged, and any mail returned to the Court as undeliverable on these grounds is incorrect. Plaintiff further states that any inability of the Court to communicate with him is not based on Plaintiff's failure to keep the Court apprised of his current address, as he has been housed at Kern Valley State Prison since 2006.*fn1
The Findings and Recommendations are HEREBY VACATED.
IT IS SO ORDERED.