(PC) Ursino v. Hagarty et al Doc.

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Case 2:05-cv-01764-RRB-KJM Document 31 Filed 08/04/2006 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 JAMES URSINO,

11 Plaintiff, No. CIV S-05-1764 DFL KJM P

12 vs.

13 POLICE CHIEF HAGARTY, et al.,

14 Defendants. ORDER

15 /

16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

17 seeking relief under 42 U.S.C. § 1983.

18 On April 14, 2006, the magistrate judge filed findings and recommendations

19 herein which were served on plaintiff and which contained notice to plaintiff that any objections

20 to the findings and recommendations were to be filed within twenty days. Plaintiff did not file

21 objections to the findings and recommendations.

22 On June 16, 2006, the court adopted the findings and recommendations and

23 entered judgment, dismissing the case without prejudice.

24 On June 27, 2006, plaintiff filed a “Request To Reconsider,” which the court will

25 treat as a motion for relief from judgment under Fed. R. Civ. P. 60(b)(1). Plaintiff claims he did

26 not receive the April 14, 2006 findings and recommendations.

Dockets.Justia.com
 Case 2:05-cv-01764-RRB-KJM Document 31 Filed 08/04/2006 Page 2 of 2

1 Good cause appearing IT IS HEREBY ORDERED that:

2 1. The judgment entered June 16, 2006 is hereby vacated;

3 2. The Clerk of the Court is directed to send plaintiff a copy of the April 14, 2006

4 findings and recommendations; and

5 3. Plaintiff’s objections to the findings and recommendations are due within

6 twenty days of the date of this order.

7 DATED: 8/3/2006

10 DAVID F. LEVI
United States District Judge
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