Opinion
CV F 04 5562 LJO WMW PC.
May 19, 2008
ORDER
Findings and recommendations were entered, recommending dismissal of this action for failure to state a claim. The recommendation was based upon Plaintiff's failure to file an amended complaint. On April 17, 2008, Plaintiff filed a first amended complaint, which is before the court.
Accordingly, IT IS HEREBY ORDERED that the April 14, 2008, recommendation of dismissal is vacated.
IT IS SO ORDERED.