Poole v. United States of America et al

Filing 10

ORDER RE: 9 VACATING JUDGMENT. Signed by Judge Richard Seeborg on 09/09/2010. (rslc3, COURT STAFF) (Filed on 9/9/2010)

Poole v. United States of America et al

Doc. 10

1 2 3 4 5 6 7 8 9 10 CRYSTAL ANN POOLE, v. Plaintiff,

*E-Filed 09/09/2010*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

No. C 10-02668 RS ORDER

United States District Court

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For the Northern District of California

UNITED STATES OF AMERICA, Defendant. ____________________________________/ On August 3, 2010, the Court entered an order of dismissal and judgment in favor of the United States due to pro se plaintiff Chrystal Ann Poole's failure to pay the requisite filing fee of $350.00. Poole filed a request to vacate the judgment on August 19, 2010. The Court considers Poole's request to be a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b), which must be made "within a reasonable time" and may be granted if the moving party shows "mistake, inadvertence, surprise, or excusable neglect." Fed. R. Civ. P. 60(b); see also, Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985). As Poole maintains in her motion, the Court's docket reflects that Poole paid the $350.00 filing fee on August 3, 2010, the same day that the Court entered its judgment in favor of the United States. In light of the liberal construction of procedural requirements afforded to pro se litigants, see Abassi v. INS, 305 F.3d 1028, 1032 (9th Cir. 2002), and given the lack of any response from the United States on Poole's request, the Court hereby grants plaintiff relief from its previously entered order of dismissal and vacates the judgment entered on August 3, 2010. The clerk is directed to reopen the above entitled action.

NO. C 10-02668 RS

Dockets.Justia.com

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IT IS SO ORDERED.

Dated: 09/09/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

United States District Court

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NO. C 10-01776 RS ORDER

For the Northern District of California

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1 2 3 4 5 6 7 8 9 10 DATED: 09/09/2010 /s/ Chambers Staff Chambers of Judge Richard Seeborg Crystal Ann Poole P.O. Box 6913 San Pablo, CA 94806-6913 THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

United States District Court

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For the Northern District of California

* Counsel are responsible for distributing copies of this document to any co-counsel who have not registered with the Court's electronic filing system.

NO. C 10-01776 RS ORDER

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