Shove v. McDonald et al

Filing 73

ORDER REOPENING CASE, Motions terminated: 67 MOTION filed by Theodore Shove.. Signed by Judge James Donato on 8/8/17. (lrcS, COURT STAFF) (Filed on 8/8/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THEODORE SHOVE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 14-cv-02903-JD ORDER v. Re: Dkt. No. 67 MCDONALD, et al., Defendants. 12 13 This is a civil rights case brought pro se by a state prisoner. The Court granted defendants’ 14 motion to revoke plaintiff’s in forma pauperis status. The case was dismissed and closed after 15 plaintiff failed to pay the filing fee. On March 3, 2017, the Ninth Circuit reversed and remanded 16 in light of two recently decided cases that clarified what dismissals may constitute strikes. Docket 17 No. 50. On March 15, 2017, plaintiff filed a petitioner for rehearing en banc. At that time, the 18 Ninth Circuit had not ruled on plaintiff’s motion for rehearing and no mandate has been issued. 19 However, defendants filed a second motion to dismiss and revoke plaintiffs in forma pauperis 20 status. Docket No. 53. Because the mandate had not been issued and had been stayed in light of 21 the motion for rehearing, this Court did not have jurisdiction to hear defendants’ motion and it 22 dismissed it without prejudice. 23 The Ninth Circuit denied plaintiff’s motion for a hearing and issued the mandate on May 24 30, 2017. Defendants filed a new motion to revoke plaintiff’s in forma pauperis status on June 16, 25 2017. Plaintiff has filed a new opposition and defendants filed a reply. The Court will review the 26 filings in due course. 27 28 1 2 3 4 Plaintiff’s motion to incorporate evidence (Docket No. 67) is DENIED as moot. The judgment in this case (Docket No. 42) is VACATED and this case is REOPENED. IT IS SO ORDERED. Dated: August 8, 2017 5 6 JAMES DONATO United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 THEODORE SHOVE, Case No. 14-cv-02903-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 MCDONALD, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on August 8, 2017, 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 17 18 Theodore Shove ID: G11092 San Quentin State Prison San Quentin, CA 94974 19 20 Dated: August 8, 2017 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28 3

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