Chaney v. Kramer et al

Filing 9

ORDER VACATING DISMISSAL OF PETITIONER'S HABEAS ACTION and REOPENING CASE. Signed by Judge Claudia Wilken on 6/30/09. (scc, COURT STAFF) (Filed on 6/30/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAMS CHANEY, Petitioner, v. M. C. KRAMER, et al., Respondents. / No. C 08-01230 CW (PR) ORDER VACATING DISMISSAL OF PETITIONER'S HABEAS ACTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner, filed this pro se habeas corpus action. In an Order dated July 22, 2008, the Court dismissed Petitioner's habeas action for failure to pay the filing fee. On July 25, 2008, Petitioner filed a notice that he paid the $5.00 filing fee on July 17, 2008. He also attached a copy of his

receipt showing that he paid the $5.00 filing fee on that date. The record shows that Petitioner paid the filing fee on July 17, 2008. In view of this, it is clear that Petitioner's habeas Therefore, the Court's July 22, The Clerk of

action was dismissed erroneously.

2008 Order of Dismissal Without Prejudice is VACATED. the Court shall REOPEN this action. IT IS SO ORDERED. Dated: 6/30/09

CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAMS CHANEY, Plaintiff, v. M.C. KRAMER et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-01230 CW CERTIFICATE OF SERVICE

/

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 30, 2009, 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.

Williams Chaney E-32647 Folsom State Prison 300 Prison Road Folsom, CA 95763 Dated: June 30, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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