Puckett v. Steadman et al

Filing 15

ORDER VACATING DISMISSAL and JUDGMENT, signed by Magistrate Judge Sheila K. Oberto on 03/03/2015. Case reopened. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL PUCKETT,

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Plaintiff,

Case No. 1:13-cv-00834-SKO (PC)
ORDER VACATING DISMISSAL AND
JUDGMENT

v.

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(Doc. 13 and 14)
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T. W. STEADMAN, et al.,

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Defendants.
_____________________________________/

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Plaintiff Durrell Puckett, a state prisoner proceeding pro se and in forma pauperis, filed

17 this civil rights action pursuant to 42 U.S.C. § 1983 on June 3, 2013. On February 26, 2015, the
18 Court dismissed this action, without prejudice, based on Plaintiff’s failure to comply with the
19 order to submit service documents. On February 23, 2015, Plaintiff filed the notice and service
20 documents but his notice was not docketed until February 26, 2015, subsequent to the Court’s
21 dismissal of the case. Because the filing date of Plaintiff’s notice precedes the dismissal by three
22 days, the Court will vacate the dismissal and judgment in the interest of justice. Fed. R. Civ. P.
23 60(a).

However, Plaintiff is admonished that he is required to timely comply with orders.

24 Plaintiff was required to submit the service documents within thirty days but he failed to comply
25 until almost sixty days had passed.
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Based on the foregoing, the dismissal order and judgment are HEREBY VACATED. Fed.

2 R. Civ. P. 60(a).
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IT IS SO ORDERED.
Dated:

March 3, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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