Greene v. Pelican Bay State Prison et al

Filing 6

ORDER REOPENING CASE. Signed by Judge ARMSTRONG on 2/15/12. (lrc, COURT STAFF) (Filed on 2/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARVELLOUS AMIR WARRIOR GREENE,

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Plaintiff,
v.

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Defendant.
_______________________________________/

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United States District Court
For the Northern District of California

ORDER VACATE THE COURT'S
JANUARY 19, 2012 ORDER OF
DISMISSAL; AND REOPENING CASE

PELICAN BAY STATE PRISON
R&R LINE STAFF,

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No. C 11-6287 SBA (PR)

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This civil rights action was dismissed without prejudice by the Court on January 19, 2012.
The Court concluded that dismissal was required because Plaintiff failed to submit a timely
application for leave to proceed in forma pauperis (IFP) by the January 14, 2012 deadline.
However, the record shows that Petitioner had in fact filed a complete IFP application along with a
certificate of funds and his prisoner trust account statement on January 9, 2012. The Court notes
that the envelope containing the complete IFP application included the required IFP supporting
documents signed by prison officials on January 9, 2012; however, these documents were not
received by the Clerk until January 23, 2012. However, Plaintiff's IFP application was not entered

into the Court's electronic database until January 31, 2012, more than a week after the dismissal
order was issued. In view of this, it is clear that the present petition was dismissed erroneously.
Therefore, the Court's January 19, 2012 Order of Dismissal is VACATED.
Accordingly, the Clerk shall REOPEN this action, REINSTATE the complaint filed on
December 14, 2011, and VACATE the Court's January 19, 2012 Order of Dismissal. The Court
will review Plaintiff's complaint in a separate written Order.
IT IS SO ORDERED.
DATED:

2/5/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.11\Greene6287.VacDISIFP.frm

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MARVELLOUS AMIR WARRIOR GREENE,

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Case Number: CV11-06287 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
PELICAN BAY STATE PRISON et al,
Defendant.

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United States District Court
For the 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 February 16, 2012, 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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Marvellous Amir Warrior Greene K29392
Corcoran State Prison
P.O. Box 3481
Corcoran, CA 93212

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Dated: February 16, 2012
Richard W. Wieking, Clerk
By: Lorene DeBose, Deputy Clerk

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G:\PRO-SE\SBA\CR.11\Greene6287.VacDISIFP.frm

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