Henderson v. Hernandez et al

Filing 9

ORDER REOPENING ACTION; DIRECTING PLAINTIFF TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Signed by Judge Jon S. Tigar on June 24, 2014. (Attachments: # 1 IFP Application, # 2 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 6/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHNDELL HENDERSON,

Case No. 14-cv-01857-JST (PR)

Plaintiff,
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United States District Court
Northern District of California

v.
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A. HEDGPETH, et al.,
Defendants.

ORDER REOPENING ACTION;
DIRECTING PLAINTIFF TO FILE
COMPLETE IN FORMA PAUPERIS
APPLICATION

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On April 23, 2014, plaintiff filed this pro se civil rights action pursuant to 42 U.S.C.

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§ 1983. On the same day the action was filed, plaintiff was ordered to file a complete application

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to proceed in forma pauperis ("IFP"), or pay the filing fee of $400.00, within 28 days, or face

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dismissal of the action. On June 12, 2014, the Court dismissed the action because plaintiff failed

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to pay the filing fee or file an IFP application within the deadline.

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On June 18, 2014, plaintiff filed an "objection to dismissal" stating that he never received

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any document from the Court requiring him to pay a filing fee or file an IFP application. Plaintiff

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also represents that he submitted an IFP application as an attachment to his complaint. Plaintiff is

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advised that the Court has not received an IFP application to date. Accepting as true plaintiff's

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statements that he attempted to file an IFP application with his complaint and that he never

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received a deficiency notice, the action is hereby REOPENED. The order of dismissal (Docket

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No. 6) is VACATED.

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Plaintiff still needs to file a complete IFP application. Plaintiff is GRANTED 28 days

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from the date of this order to do so. If a complete application is not filed or the filing fee of $400

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not paid, within 28 days, this case will be dismissed.

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The Clerk of the Court shall provide plaintiff with a new prisoner IFP application.

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IT IS SO ORDERED.

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Dated: June 24, 2014
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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