Litmon v. Brown

Filing 31

ORDER SETTING ASIDE JUDGMENT AND REOPENING CASE. Signed by Judge Edward M. Chen on 4/29/11. (bpf, COURT STAFF) (Filed on 4/29/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DAVID LITMON, JR., 9 Plaintiffs 11 For the Northern District of California United States District Court 10 v. No. C-10-3894 EMC ORDER SETTING ASIDE JUDGMENT AND REOPENING CASE EDMUND G. BROWN, Attorney General of California, 12 Defendants. 13 ___________________________________/ 14 15 On April 20, 2011, Plaintiff filed his motion to dismiss his appeal with the United States Court 16 of Appeals for the Ninth Circuit. On April 29, 2011, the United States Court of Appeals for the Ninth 17 Circuit granted Plaintiff motion and entered an order dismissing his appeal. 18 IT IS ORDERED that the Clerk of the Court is hereby directed to set aside the Judgment entered 19 on March 15, 2011 and to reopen this case. Pursuant to this Court's April 15, 2011 order, Plaintiff may 20 file an amended complaint asserting on the Equal Protection claim against Defendant Brown within 30 21 days of dismissal of the appeal (i.e. on or before May 29, 2011), and Defendant shall respond within 22 30 days thereafter. A case management conference is set for July 13, 2011 at 2:30 p.m. A joint case 23 management conference statement shall be filed by July 6, 2011. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 29, 2011 _________________________ EDWARD M. CHEN United States Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID LITMON, JR., 8 Plaintiffs 9 No. C-10-3894 EMC v. CERTIFICATE OF SERVICE EDMUND G. BROWN, Attorney General of California, 11 For the Northern District of California United States District Court 10 Defendants. 12 13 ___________________________________/ 14 15 I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern 16 District of California. On the below date, I served a true and correct copy of the attached, by placing 17 said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing 18 said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery 19 receptacle located in the Office of the Clerk. 20 21 DAVID LITMON, JR. 29083 Mission Boulevard, Apt. 207 Hayward, CA 94544 22 Dated: April 29, 2011 RICHARD W. WIEKING, CLERK 23 24 By: Betty Lee Deputy Clerk 25 26 27 28 2

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