Olivencia v. Yates
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C 12-3324 PJH (PR)
This is a habeas case filed by a state prisoner, though petitioner did not file an
application to proceed in forma pauperis or pay the filing fee. On July, 18, 2012, petitioner
was informed that if he did not either pay the fee or file a complete application within thirty
days the case would be dismissed. On August 31, 2012, when no response was received
within the time allowed, the case was dismissed. On October 1, 2012, petitioner filed an
application to proceed in forma pauperis that will be construed as a late filing and a motion
for reconsideration of the dismissal. The motion will be GRANTED and the order
dismissing this case (document number 6 on the docket) and the judgment entered thereon
(document number 7) are VACATED and the clerk shall REOPEN this case.
IT IS SO ORDERED.
Dated: November 26, 2012.
PHYLLIS J. HAMILTON
United States District Judge
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