Schafler v. Judge Newsome, et al.,

Filing 9

ORDER GRANTING PLAINTIFF'S MOTION TO CORRECT THE DOCKET (SI, COURT STAFF) (Filed on 8/19/2011)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

PEPI SCHAFLER, MSS JD,

9
United States District Court
For the Northern District of California

10
11
12

No. C 11-3175 SI

Plaintiff/Petitioner,

ORDER GRANTING PLAINTIFF’S
MOTION TO CORRECT THE DOCKET

v.
RANDALL NEWSOME et al.,
Defendants/Respondents.

/

13
14

“Plaintiff-Petitioner” Pepi Schafler has filed a motion to correct the caption in this case. This

15

action was originally opened as a miscellaneous case, C 10-80137 MISC VRW. After Judge Walker

16

retired, the miscellaneous case was reassigned to Chief Judge Ware. Because Ms. Schafler is subject

17

to a pre-filing order, Judge Ware referred the case to Judge Hamilton for determination of whether this

18

case was barred by the pre-filing order; Judge Hamilton determined that it was not. Accordingly, in an

19

order filed June 24, 2011, Judge Ware directed the Clerk to close the miscellaneous action, and to open

20

a new civil action. This new civil action, C 11-3175 SI, was assigned to this Court.

21

Ms. Schafler has filed a motion seeking to correct a clerical error in the caption. When this civil

22

action was opened, the Clerk mistakenly listed the wrong defendant, HSBC Bank USA. Ms. Schafler

23

states that this case is a petition for habeas corpus, and that the correct defendants are Chief Judge

24

Randall Newsome of the United States Bankruptcy Court for the Northern District of California, and

25

“two corrupt, deceptive officers of the court,” Richard J. Spear and Dennis D. Davis. Motion at 1-2.

26

Accordingly, the Court GRANTS plaintiff’s motion and directs the Clerk to correct the caption

27

in this case. The Clerk shall delete HSBC Bank USA as a defendant, and list Judge Newsome, Richard

28

J. Spear and Dennis D. Davis as defendants. The Court informs plaintiff that she is responsible for

1

serving these defendants with the petition/complaint. Plaintiff must serve these defendants with a copy

2

of the petition/complaint and the summons within 120 days of the filing of the petition. See Federal

3

Rule of Civil Procedure 4(c),(m). This case was opened on June 27, 2011, and thus defendants must

4

served no later than October 25, 2011, or the case will be dismissed without prejudice. Fed. R. Civ.

5

P. 4(m).

6
7

IT IS SO ORDERED.

8
9

Dated: August 19, 2011
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2