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Nino v. Munoz

United States District Court, Eastern District of California
Nov 1, 2021
1:20-cv-01722-NE-JLT (PC) (E.D. Cal. Nov. 1, 2021)

Opinion

1:20-cv-01722-NE-JLT (PC)

11-01-2021

JOE NINO, Plaintiff, v. J. MUNOZ, et al., Defendants.


ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION

(DOC. 17)

JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE

On July 7, 2021, the Court issued a screening order directing Plaintiff to file a first amended complaint curing the deficiencies in his pleading or a notice to proceed on the claims found cognizable. (Doc. 9.) Plaintiff failed to comply with the screening order within the time provided. Therefore, on September 21, 2021, the Court issued an order to show cause why sanctions should not be imposed for Plaintiff's failure to comply with the Court's order. (Doc. 15.) Plaintiff failed to respond to the order to show cause within the time provided. Thus, the Court issued findings and recommendations to dismiss this action for failure to obey court orders, which were served on October 15, 2021. (Doc. 17.)

Plaintiff filed late objections to the findings and recommendations on October 30, 2021, including a supporting declaration from Plaintiff's counsel. (Docs. 19-20.) Plaintiff concurrently filed a first amended complaint. (Docs. 21, 23.) Upon review of the objections and the representations of counsel, the Court will WITHDRAW its findings and recommendations to dismiss this action (Doc. 17). The Court advises Plaintiff to respond to future court orders within the time provided by the Court, Local Rules, or Federal Rules, or to request an extension of time if such is not possible. The Court will screen Plaintiff's first amended complaint pursuant to 28 U.S.C. § 1915A(a).

IT IS SO ORDERED.


Summaries of

Nino v. Munoz

United States District Court, Eastern District of California
Nov 1, 2021
1:20-cv-01722-NE-JLT (PC) (E.D. Cal. Nov. 1, 2021)
Case details for

Nino v. Munoz

Case Details

Full title:JOE NINO, Plaintiff, v. J. MUNOZ, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 1, 2021

Citations

1:20-cv-01722-NE-JLT (PC) (E.D. Cal. Nov. 1, 2021)