Robinson v. Karagheuoff et al

Filing 17

ORDER VACATING 15 16 Judgment and REOPENING CASE signed by Chief Judge Lawrence J. O'Neill on 4/10/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT 1 FOR THE EASTERN DISTRICT OF CALIFORNIA 2 3 4 DEMEATRUS ROBINSON, Sr. 1:18-cv-00042-LJO-BAM Plaintiff, 5 ORDER VACATING JUDGMENT AND REOPENING CASE 6 7 CHRISTOPHER KARAGHEUOFF, et al. Defendants. 8 9 10 Judgment was issued on April 9, 2018, as the docket reflected Plaintiff had failed to file an 11 amended complaint within the time requirements set by the Court's March 13, 2018, order. However, 12 due to clerical mistake, the Plaintiff's amended complaint was timely filed on April 6, 2018, 1 but not 13 docketed until after the order of judgment was signed on April 9, 2018. As a result, the Court's 14 judgment was issued in error, and the judgment is vacated pursuant to Federal Rule of Civil Procedure 15 60(b)(1). 16 As such, IT IS HEREBY ORDERED that the April 9, 2018, judgment is VACATED, and the 17 Clerk of Court is DIRECTED to reopen this case. A response deadline to the amended complaint shall 18 be calculated from the date of this order. 19 20 IT IS SO ORDERED. 21 Dated: /s/ Lawrence J. O’Neill _____ April 10, 2018 UNITED STATES CHIEF DISTRICT JUDGE 22 23 24 25 1 Plaintiff was permitted 21 days from March 13, 2018, to file an amended complaint – i.e., April 3, 2018. In compliance with Federal Rule of Civil Procedure 6, an extension of three days for mailing was also permitted. As such, an amended complaint was to be filed on or before April 6, 2018. Fed. R. Civ. Pro. 6(b). 1

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