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Placencio v. Yates

March 4, 2010

ERNEST REYES PLACENCIO, PLAINTIFF,
v.
JAMES YATES, ET AL., DEFENDANTS.



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

ORDER VACATING FINDINGS AND RECOMMENDATIONS

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983.

On January 6, 2010, an order was entered, dismissing the original complaint and granting Plaintiff leave to file an amended complaint. Plaintiff failed to do so, and on February 8, 2010, a recommendation of dismissal was entered. On February 22, 2010, Plaintiff filed a first amended complaint.

Accordingly, IT IS HEREBY ORDERED that:

1. The February 8, 2010, recommendation of dismissal is vacated.

2. This action proceeds on the February 22, 2010, first amended complaint.

IT IS SO ORDERED.

20100304

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