Partida v. Liu et al

Filing 16

ORDER signed by Senior Judge William B. Shubb on 10/31/17, ORDERING that the 8/11/2017 Order 11 , Judgment 12 and underlying Findings and Recommendations 8 are VACATED. This action is REOPENED, and REMANDED to the assigned magistrate judge for further proceedings. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO PARTIDA,

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No. 2:17-cv-0694 WBS KJN P

Plaintiff,
v.

ORDER

ALEXANDER LIU, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se. On August 11, 2017, the undersigned

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dismissed this action without prejudice based on plaintiff’s failure to timely submit an application

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to proceed in forma pauperis or pay the court’s filing fee, adopting the May 16, 2017 findings and

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recommendations, and judgment was entered. On August 24, 2017, plaintiff paid the filing fee,

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and on September 8, 2017, plaintiff filed a copy of his trust account statement confirming

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withdrawal of the fee from his inmate trust account.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The August 11, 2017 order and judgment (ECF Nos. 11, 12), and the underlying

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findings and recommendations (ECF No. 8) are vacated;

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2. The Clerk of the Court shall reopen this action; and

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3. This action is remanded to the assigned magistrate judge for further proceedings.

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Dated: October 31, 2017

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/part0694.vac

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