United States District Court, E.D. California
May 2, 2014
VANCE BLAINE, Plaintiff,
CALIFORNIA HEALTH CARE FACILITY, et al., Defendants.
ALLISON CLAIRE, Magistrate Judge.
On April 25, 2014, the undersigned filed Findings and Recommendations that were filed on April 28, 2014, which recommended dismissal of this action because plaintiff had failed to file an amended complaint within the time provided. Also on April 25, 2014, the Clerk docketed an amended complaint that was signed by plaintiff on April 19, 2014. ECF No. 13. Accordingly, the court will vacate the previous recommendation that the action be dismissed with prejudice for failure to file an amended complaint or otherwise respond to the court's previous order. Upon screening of the first amended complaint, a further order will issue.
Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations (ECF No. 15) filed on April 28, 2014 are VACATED.