Nichols v. Medina et al

Filing 37

ORDER by Judge James Donato granting 33 Motion to Vacate (lrcS, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH NICHOLS,

Case No. 13-cv-05773-JD

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Plaintiff,

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ORDER GRANTING MOTION FOR
v.

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RECONSIDERATION AND
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REOPENING CASE
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ELOY MEDINA, et al.,

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Re: Dkt. No. 33
Defendants.

United States District Court
Northern District of California

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Plaintiff is a state prisoner proceeding pro se. His action was dismissed without prejudice

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on June 25, 2014, and plaintiff was informed that the case would be reopened when he filed an

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amended complaint. An amended complaint has been received by the Court and plaintiff has filed

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a motion to vacate that the Court construes as a motion for reconsideration to reopen the case. The

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case will be reopened and the Court will review the amended complaint in due course.

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CONCLUSION

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1.

The motion for reconsideration (Docket No. 33) is GRANTED.

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2.

Plaintiff’s request to disqualify the undersigned is denied as meritless.

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3.

The Order closing the case without prejudice (Docket No. 28) is VACATED and

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this case is REOPENED.
IT IS SO ORDERED.
Dated: September 3, 2014
______________________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH NICHOLS,

Case No. 13-cv-05773-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ELOY MEDINA, et al.,
Defendants.

United States District Court
Northern District of California

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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 9/4/2014, 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.

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Joseph Nichols ID: H-87217
Calif. State Prison--L.A. County
P.O. Box 8457
Lancaster, CA 93539-8457

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Dated: 9/4/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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