Olivencia v. Yates

Filing 10

ORDER VACATING DISMISSAL AND REOPENING CASE re 7 Judgment, 6 Order Dismissing Case, Terminated Case. Signed by Judge Phyllis J. Hamilton on 11/26/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 11/26/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 BENNY OLIVENCIA, Petitioner, 8 9 11 For the Northern District of California United States District Court 10 No. C 12-3324 PJH (PR) v. ORDER VACATING DISMISSAL AND REOPENING CASE YATES, Warden, Respondent. / 12 13 This is a habeas case filed by a state prisoner, though petitioner did not file an 14 application to proceed in forma pauperis or pay the filing fee. On July, 18, 2012, petitioner 15 was informed that if he did not either pay the fee or file a complete application within thirty 16 days the case would be dismissed. On August 31, 2012, when no response was received 17 within the time allowed, the case was dismissed. On October 1, 2012, petitioner filed an 18 application to proceed in forma pauperis that will be construed as a late filing and a motion 19 for reconsideration of the dismissal. The motion will be GRANTED and the order 20 dismissing this case (document number 6 on the docket) and the judgment entered thereon 21 (document number 7) are VACATED and the clerk shall REOPEN this case. 22 IT IS SO ORDERED. 23 Dated: November 26, 2012. PHYLLIS J. HAMILTON United States District Judge 24 25 26 27 28 G:\PRO-SE\PJH\HC.12\Olivencia3324.reopen.wpd

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