Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 16

ORDER signed by Magistrate Judge Dennis M. Cota on 05/18/20 VACATING 10 , 11 the order dismissing this case and final judgment; DENYING 14 Motion for relief from the requirement to pay the filing fees. The clerk of court is directed to re-open this case. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FRANK LEE DEARWESTER,

12

Plaintiff,

13
14
15

No. 2:15-CV-0443-KJM-DMC-P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18
19

42 U.S.C. § 1983. Pending before the Court in this closed docket is plaintiff’s motion for relief

20

from the requirement to pay the fling fees in installments (ECF No. 14).
On May 15, 2015, the previously assigned Magistrate Judge dismissed plaintiff’s

21
22

action for failure to submit an amended complaint within the time allotted and this case was

23

closed. See ECF Nos. 10 (Magistrate Judge’s order) and 11 (final judgment). On June 5, 2015,

24

plaintiff submitted his first amended complaint. See ECF No. 12. This matter was reassigned to

25

this Court pursuant to an order signed by the District Judge on May 11, 2020. See ECF No. 15.

26

The reassignment and review by the undersigned has been triggered by plaintiff’s filing of the

27

currently pending motion on May 7, 2020.

28

///
1

1

Good cause appearing for plaintiff’s delay, the Court hereby orders the following:

2

1.

The order dismissing this action and final judgment (ECF Nos. 10 and 11)

4

2.

The Clerk of the Court is directed to re-open this case;

5

3.

Because this action is being re-opened, plaintiff’s motion for relief from

3

6
7
8

are vacated;

the requirement to pay the filing fees (ECF No. 14) is denied; and
4.

The sufficiency of plaintiff’s first amended complaint shall be addressed by

separate screening order.

9
10
11

Dated: May 18, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2