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Antonio C. Buckley v. Alameida

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 14, 2011

ANTONIO C. BUCKLEY,
PLAINTIFF,
v.
ALAMEIDA, ET AL.,
DEFENDANTS.

ORDER STRIKING FINDINGS AND RECOMMENDATIONS FILED ON (Doc. 149)

Plaintiff Antonio Cortez Buckley ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (the Religious Land Use and Institutionalized Persons Act ("RLUIPA")). On December 14, 2011, the Court filed findings and recommendations in which the Court found that there remained a disputed issue of material fact regarding whether Defendants Reed, Mack, and Traynham placed Plaintiff in a cell that was covered in feces. Doc. 149 at 39. However, the conclusion and order omitted that finding. Doc. 149 at 45. Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, *fn1 the Court will strike its original findings and recommendation and refile the corrected version so as to avoid confusion.

Based on the forgoing, the Court's findings and recommendations filed December 14, 2011, is HEREBY STRICKEN to be replaced with the amended findings and recommendations.

IT IS SO ORDERED.

Dated: December 20, 2011

UNITED STATES MAGISTRATE JUDGE


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