Collins v. Alameda County Superior Court

Filing 24

ORDER GRANTING MOTION TO REOPEN; VACATING DISMISSAL AND JUDGMENT; SCHEDULING BRIEFING; DENYING EXTENSION OF TIME TO PAY FILING FEE; INSTRUCTIONS TO CLERK. Signed by Judge Jeffrey S. White on 5/27/14. (jjoS, COURT STAFF) (Filed on 5/27/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MICHAEL E. COLLINS, 10 Petitioner, 11 vs. 12 13 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 13-1371 JSW (PR) ORDER GRANTING MOTION TO REOPEN; VACATING DISMISSAL AND JUDGMENT; SCHEDULING BRIEFING; DENYING EXTENSION OF TIME TO PAY FILING FEE; INSTRUCTIONS TO CLERK (Docket Nos. 18, 21, 23) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas corpus. On March 4, 2014, the case was dismissed without prejudice pursuant to Local Rule 3.11 because mail from the Court to Petitioner at the address he provided was returned as undeliverable at that address, and then more than sixty days passed without Petitioner providing the Court with a new address. On April 11, 204, Petitioner filed a motion to reopen the case (dkt. 18) indicating that he had not in fact changed addresses, but rather that prison officials had simply failed to give him mail from the Court. As Plaintiff did not in fact change addresses, the mail was returned through no fault of his own, and this case should not be dismissed under Rule 3.11. Accordingly, Petitioner’s motion to reopen (dkt. 18) is GRANTED, and the order of dismissal and judgment (dkt. 15, 16) are VACATED. In order to expedite the resolution of this case, Respondent shall serve Petitioner with a new copy of the motion to dismiss (dkt. 14) within 7 days of 1 the date this order is filed. Good cause appearing, Petitioner is granted an extension of 2 time, to and including June 26, 2014, in which to file an opposition to Respondent’s 3 motion to dismiss. Respondent shall file a reply brief on or before July 10, 2014. 4 In light of the foregoing, Petitioner’s motion for an extension of time in which to 5 pay the filing fee for his appeal (dkt. 23) is DENIED as moot. Petitioner’s motion for 6 appointment of counsel (dkt. 21) is DENIED at this time because he is able to present his 7 claims adequately and no evidentiary hearing has been ordered. 8 9 10 11 The Clerk shall reopen the file and send a copy of this order to the United States Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. DATED: May 27, 2014 12 13 JEFFREY S. WHITE United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 MICHAEL E COLLINS, Plaintiff, 7 8 9 10 Case Number: CV13-01371 JSW CERTIFICATE OF SERVICE v. CALIFORNIA DEPARTMENT OF CORRECTIONS et al, Defendant. / 11 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 27, 2014, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 18 Michael E. Collins F93465 California State Prison-Sacramento P.O. Box 290066 Represa, CA 95671 19 Dated: May 27, 2014 17 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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