(HC) Oskuie v. EOP

Filing 10

ORDER signed by Senior Judge William B. Shubb on 11/18/22 GRANTING 9 Motion for Reconsideration and VACATING 8 10/06/22 Judgment. Within 30 days, petitioner shall submit a Request to Proceed IFP or the $5.00 filing fee; Clerk to send IFP form. Petitioner's failure to comply with this order will result in dismissal. (Benson, A.)

Case 2:22-cv-01107-WBS-CKD Document 10 Filed 11/21/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAYRAN MOHAMMAD OSKUIE,

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Petitioner,

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No. 2:22-cv-1107 WBS CKD P

v.

ORDER

EOP,

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Respondent.

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Petitioner, a California detainee proceeding pro se, has filed a motion asking that the court

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reconsider the October 6, 2022 order dismissing this case for petitioner’s failure to pay the filing

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fee or submit a motion for leave to proceed in forma pauperis. A review of internal court records

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reveals that the court received a check for $505 on July 25, 2022 for satisfaction of the filing fee

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for this action. Since the filing fee is only $5.00, the check was returned to petitioner. Because it

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appears petitioner’s failure to comply with the court’s June 30, 2022 order that he either pay the

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$5.00 filing fee for this action or submit a request to proceed in forma pauperis was not

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intentional, judgment will be vacated, and petitioner will be given one more opportunity to

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comply with that order.

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Case 2:22-cv-01107-WBS-CKD Document 10 Filed 11/21/22 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for reconsideration (ECF No. 9) is granted. The Judgment entered

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on October 6, 2022 (ECF No. 8) is hereby vacated.
2. Within 30 days, petitioner shall submit a request to proceed in forma pauperis on the

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form provided by the Clerk of the Court or the $5.00 filing fee. Petitioner’s failure to comply

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with this order will result in dismissal.

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3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
form used by this district.
Dated: November 18, 2022

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osku1107.mfr

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