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Moten v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 4, 2010

JESSE T. MOTEN, PLAINTIFF,
v.
DARREL G. ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER VACATING FINDINGS AND RECOMMENDATION (Doc. 30)

Plaintiff Jesse T. Moten ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 19, 2009, the Court issued a findings and recommendation recommending that this action be dismissed for Plaintiff's failure to state a claim upon which relief can be granted. (Doc. #30.) The Court found that Plaintiff's complaint had been screened and dismissed in a prior order. Plaintiff was given leave to amend, but Plaintiff had not filed an amended complaint within the applicable deadline. Thus, the Court recommended dismissal of the action.

Plaintiff filed an objection to the findings and recommendation on June 8, 2009. (Doc. #31.) Plaintiff has been granted numerous extensions of time, and Plaintiff filed an amended complaint on August 27, 2009. (Doc. #39.) Therefore, the Court will vacate its findings and recommendation.

Accordingly, It is HEREBY ORDERED that the Court's May 19, 2009 is VACATED.

IT IS SO ORDERED.

20100204

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