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Roll v. California Dep't of Corrections Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 26, 2009

MARK ROLL, ET AL., PLAINTIFFS,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS REHABILITATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER VACATING MARCH 11, 2009, FINDINGS AND RECOMMENDATION (Document 13)

ORDER GRANTING PLAINTIFF ADDITIONAL TIME TO FILE AND AMENDED COMPLAINT

Plaintiff, proceeding pro se and in forma pauperis, filed this civil rights action on November 4, 2008. On December 24, 2008, the Court dismissed Plaintiff's complaint with leave to amend. Plaintiff was granted an extension of time to file his amended complaint, but failed to do so. Therefore, on March 11, 2009, the Court issued Findings and Recommendation that Plaintiff's action be dismissed for his failure to follow the Court's December 24, 2008, order.

On March 24, 2009, Plaintiff submitted objections to the Findings and Recommendation and explained why he was unable to meet the Court's deadline. Accordingly, the Court VACATES the March 11, 2009, Findings and Recommendation.

Plaintiff is GRANTED additional time, until May 1, 2009, within which to file his amended complaint in compliance with the Court's December 24, 2008, order.*fn1

IT IS SO ORDERED.


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