IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 8, 2013
BERNARD C. HUGHES,
ROBERT BRUNER, DEFENDANT.
The opinion of the court was delivered by: Stanley A. Boone United States Magistrate Judge
ORDER GRANTING MOTION TO AMEND AND VACATING FINDINGS AND RECOMMENDATIONS (Docket #19 & #20)
Plaintiff Bernard C. Hughes ("Plaintiff") is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On November 14, 2012, the Court screened and dismissed Plaintiff's First Amended Complaint and ordered Plaintiff to file a second amended complaint within twenty-one (21) days. (Doc. #18.) Plaintiff did not file a second amended complaint within twenty-one (21) days of the order and, on December 17, 2012, the Court issued Findings and Recommendations recommending dismissal of this action for failure to state a claim. (Doc. #19.)
On December 17, 2012, Plaintiff filed a motion informing the Court that Plaintiff did not receive the Court's November 14, 2012 order until recently due to a change in Plaintiff's address. (Doc. #20.) Plaintiff requested additional time to amend his complaint. On December 26, 2012, Plaintiff filed his Second Amended Complaint. (Doc. #23.) On January 2, 2013, Plaintiff filed objections to the Court's December 17, 2012 Findings and Recommendations, on the grounds that Plaintiff did not receive this Court's order to amend in time to comply with the deadlines set forth therein. (Doc. #24.)
Good cause having been demonstrated, the Court will vacate its December 17, 2012 Findings and Recommendations and this action will proceed on Plaintiff's Second Amended Complaint filed on December 26, 2012. Plaintiff's Second Amended Complaint will be screened by the Court pursuant to 28 U.S.C. § 1915A on a later date.
Based on the foregoing, it is HEREBY ORDERED that:
1. The Court's December 17, 2012 Findings and Recommendations are VACATED;
2. Plaintiff's December 17, 2012 motion is GRANTED; and
3. This action shall proceed on Plaintiff's Second Amended Complaint, filed on December 26, 2012.
IT IS SO ORDERED.
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