(PC) Salido v. Bureau of Prisons ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IGNACIO SALIDO, JR., No. 1:23-cv-01395-JLT-SAB (PC) 12 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS 13 v. (ECF No. 12) 14 BUREAU OF PRISONS, 15 Defendant. 16 17 Plaintiff is proceeding pro se in this action filed pursuant to Bivens v. Six Unknown 18 Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). 19 Plaintiff’s complaint in this action was filed on September 25, 2023. (ECF No. 1.) 20 On November 8, 2023, the Court screened the complaint, found that Plaintiff failed to state 21 a cognizable claim for relief, and granted Plaintiff thirty days to file an amended complaint. 22 (ECF No. 10.) 23 Plaintiff failed to file an amended complaint or otherwise respond to the November 8, 24 2023 order. Therefore, on December 19, 2023, the Court issued an order for Plaintiff to show 25 cause why the action should not be dismissed. (ECF No. 11.) Plaintiff failed to respond to the 26 order to show cause. Thus, on January 26, 2024, Findings and Recommendations recommending 27 dismissal of the action were issued. (ECF No. 12.) On February 7, 2024, Plaintiff filed 28 objections. (ECF No. 13.) In his objections, Plaintiff stated that he submitted an amended 1 | complaint on or about November 15, 2023, which was assigned and opened as a new case in case 2 | number 1:23-cv-01606-NODJ-SAB (PC), Salido v. Moon. (Id. at 1.) In response, on February 3 15, 2024, in case no. 1:23-cv-01606-NODJ-SAB (PC), Salido v. Moon, the Court ordered that the 4 | complaint from that action be filed as the first amended complaint in the instant action. (ECF No. 5 | 14, Case No. 1:23-cv-01606.) The first amended complaint was filed in this action on this same 6 | date. (ECF No. 14.) Inasmuch as Plaintiff has now filed a first amended complaint in this action, 7 | the Court will vacate the Findings and Recommendations recommending dismissal of the action 8 | and screen the first amended complaint in due course. 9 Accordingly, it is HEREBY ORDERED that: 10 1. The Findings and Recommendations issued on January 26, 2024 (ECF No. 12) are 11 VACATED; and 12 2. Plaintiff is advised that the first amended complaint will be screened in due course. 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _ February 15, 2024 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28