Perry v. Tootell, et al.

Filing 14

ORDER VACATING ORDER DISMISSING PLAINTIFF'S ACTION WITHOUT PREJUDICE; ORDER REOPENING CASE. Signed by Judge Yvonne Gonzalez Rogers on 8/30/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/30/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 United States District Court For the Northern District of California 10 11 VACATING ORDER DISMISSING PLAINTIFF'S ACTION WITHOUT PREJUDICE Plaintiff, 8 9 No. C 13-03333 YGR (PR) IRA PERRY, v. E. TOOTELL, et al., Defendants. / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, a state prisoner, filed this pro se civil rights action. In an Order dated August 23, 2013, the Court dismissed this action for failure to file a complaint and to provide a proper in forma pauperis (IFP) application. The record shows that Plaintiff filed his complaint and a complete IFP application on August 22, 2013; however, they were not entered into the Court's electronic database until August 27, 2013. In view of this, it is clear that Plaintiff's action was dismissed erroneously. Therefore, the Court's August 23, 2013 Order of Dismissal Without Prejudice is VACATED. The Clerk of the Court shall REOPEN this action. IT IS SO ORDERED. DATED: August 30, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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