Opinion
1: 07 CV 1108 AWI WMW PC.
September 9, 2008
ORDER
On August 11, 2008, findings and recommendations were entered, recommending dismissal of this action for failure to state a claim. The recommendations was based on an earlier order dismissing the complaint with leave to amend. On the same date as the entry of the recommendation, Plaintiff filed a first amended complaint, on which this action proceeds.
Accordingly, IT IS HEREBY ORDERED that the August 11, 2008, recommendation of dismissal is vacated.
IT IS SO ORDERED.