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)

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