Holgerson v. Lizarraga et al

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/14 ORDERING that the order dismissing this action (ECF No. 6 ) is VACATED and the Clerk of the Court is directed to re-open the case. The court will rule on plaintiffs in forma pauperis application, and screen the complaint pursuant to 28 U.S.C. § 1915A, in due course.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW FORREY HOLGERSON,

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No. 2:14-cv-1767-EFB P

Plaintiff,
v.

ORDER

JOE A. LIZARRAGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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On September 25, 2014, the court dismissed this action because plaintiff had not timely

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paid the filing fee, filed a completed in forma pauperis affidavit or otherwise responded to the

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court’s order directing the same. The following day, plaintiff filed a completed in forma pauperis

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application, along with a request that the court consider his filing, even though it was not timely.

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Good cause appearing, the order dismissing this action (ECF No. 6) is vacated and the

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Clerk of the Court is directed to re-open the case. The court will rule on plaintiff’s in forma

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pauperis application, and screen the complaint pursuant to 28 U.S.C. § 1915A, in due course.

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Dated: October 7, 2014.

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