Fisher v. Director of OPS of CDCR

Filing 16

ORDER REOPENING ACTION; ORDER DIRECTING PLAINTIFF TO FILE A COMPLAINT ON OR BEFORE JULY 15, 2014. Signed by Judge William H. Orrick on 06/02/2014. (jmdS, COURT STAFF) (Filed on 6/2/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

GARY FRANCIS FISHER,

Case No. 13-cv-02842-WHO (PR)

Plaintiff,
8

ORDER REOPENING ACTION;
v.

9
10

ROBERT S. MUELLER, et al.,

ORDER DIRECTING PLAINTIFF TO
FILE A COMPLAINT ON OR BEFORE
JULY 15, 2014

Defendants.

United States District Court
Northern District of California

11
12

This federal civil rights action was dismissed because plaintiff Fisher failed to file a

13
14

complaint and an in forma pauperis (“IFP”) application by the deadline. Fisher has since

15

filed an IFP application and a motion to reopen (Docket No. 13). The motion to reopen is

16

GRANTED. The judgment (Docket No. 9) and the order of dismissal (Docket No. 8) are

17

VACATED.
Fisher still needs to file a complaint. He shall file a complaint on or before July 15,

18
19

2014. Failure to file a complaint by the deadline will result in the dismissal of the action,

20

pursuant to Fed. R. Civ. P. 41(b), for failure to prosecute. A complaint form will be sent to

21

Fisher.

22

The Clerk shall terminate Docket No. 13. The Court will address Fisher’s IFP

23

application in a separate order.

24

IT IS SO ORDERED.

25
26
27
28

Dated: June 2, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GARY FISHER,

Case Number: CV13-02842 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
ROBERT S MUELLAR et al,
Defendant.

/

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 June 2, 2014, I SERVED a true and correct copy of the attached, by placing said copy in
a postage paid envelope addressed to the person hereinafter listed, by depositing said envelope in
the U.S. Mail.

Gary Francis Fisher F85263
California State Prison-Sacramento
A-3-125 New Folsom
P.O. Box 290066
Repressa, CA 95671

Dated: June 2, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk