Opinion
1:05-CV-00486-AWI-WMW-P.
January 23, 2007
ORDER VACATING FINDINGS AND RECOMMENDATION OF JANUARY 3, 2006 [Document #36]
Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. On January 3, 2006, Magistrate William M. Wunderlich submitted findings and a recommendation to United States District Judge Anthony W. Ishii to dismiss plaintiff's case for failure to state a claim upon which relief can be granted. On January 4, 2006, the court entered plaintiff's amended complaint on the docket which was received and filed on January 3, 2006.
Due to plaintiff's submission of the amended complaint, the findings and recommendation of January 3, 2006, shall be vacated.
IT IS HEREBY ORDERED that the findings and recommendation of January 3, 2006 is VACATED.
IT IS SO ORDERED.