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Placencio v. Yates

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


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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