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Poe v. Huckabay

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 2, 2009

DAVID POE, PLAINTIFF,
v.
SGT. HUCKABAY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER

On February 26, 2009, an order was entered, granting Plaintiff's request for an extension of time to file an amended complaint. On June 1, 2009, a recommendation of dismissal was entered, recommending dismissal for Plaintiff's failure to file an amended complaint. On the same date, Plaintiff filed a First Amended Complaint, on which this action proceeds.

Accordingly, IT IS HEREBY ORDERED that the June 1, 2009, recommendation of dismissal is vacated.

IT IS SO ORDERED.

20090702

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