Landis v. Henry et al
ORDER signed by Judge Oliver W. Wanger on 10/18/06 ORDERING Good cause appearing, the 11, 12 Order of Dismissal is VACATED andPlaintiff is directed to comply with the Orders of 8 August 12,2005, and 9 August 18, 2005, by filing a certified copy of hertrust account or paying the $250.00 filing fee by 11/20/06. Case reopened. (Carter-Ford, R)
(PC) Landis v. Henry et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In her motion filed December 9, 2005, Plaintiff represents she is a patient at Patton State Hospital after having been found incompetent to stand trial in the Superior Court of California, County of Madera. She was previously ordered on August 12, 2005, and August 18, 2005, to submit a certified copy of her trust account statement, or in the alternative, to pay the $250.00 filing fee for the case within thirty days of the service of those Orders. The thirty days to do so had expired without plaintiff's compliance. The case was dismissed by Order of November 17, 2005, entering Judgment for Defendants and against Plaintiff. Plaintiff claims that she was admitted to the hospital on 1 v. WARDEN GLORIA HENRY, et al., Defendants. LOUISE LISA LANDIS, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 1:05-cv-0512 OWW WMW P ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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September 1, 2005, and that it was not until November 30, 2005, that she was given a faxed copy of an Order from United States Magistrate Judge William M. Wunderlich "dismissing" her civil rights complaint which was followed by the November 17, 2005, order of District Judge Robert E. Coyle dismissing her case. Plaintiff claims that due to her change of address and her mental illness, she was unaware that the Court had not been provided with a new address and that she never received the Orders of the Court because there was not an accurate address for Plaintiff. Accepting plaintiff's; representations as true, adequate reason for her prior failures has been shown to justify relief. Good cause appearing, the Order of Dismissal is VACATED and Plaintiff is directed to comply with the Orders of August 12, 2005, and August 18, 2005, by filing a certified copy of her trust account or paying the $250.00 filing fee within thirty days following date of service of this Decision. A FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT IN DISMISSAL OF THIS CASE.
IT IS SO ORDERED. Dated: October 18, 2006 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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