Busch v. Kane

Filing 8

ORDER GRANTING PETITIONER'S MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND RE-OPENING CASE by Judge Jeremy Fogel granting 6 Motion for Reconsideration re 6 MOTION for Reconsideration re 4 Order Dismissing Case filed by Timothy Busch, (jfsec, COURT STAFF) (Filed on 4/24/2007)

Busch v. Kane

Doc. 8

Case 5:06-cv-06271-JF

Document 8

Filed 04/24/2007

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**Original filed 4/24/07** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TIMOTHY BUSCH, Petitioner, vs. A.P. KANE, Respondent.

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No. C 06-6271 JF (PR) ORDER GRANTING PETITIONER'S MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND RE-OPENING CASE

(Docket No. 6)

On October 20, 2006, the Court denied Petitioner's motion to proceed in forma pauperis and directed Petitioner to pay the $5.00 filing fee within thirty days. On March 7, 2007, the Court dismissed the instant habeas action for failure to pay the filing fee. On March 30, 2007, Petitioner filed a motion for reconsideration stating that he had paid the filing fee in December 2006. Petitioner's December 6, 2007 receipt showing payment of the $5.00 filing fee did not appear on the Court's docket until April 2007. The Court concludes that Petitioner has shown good cause to support his motion for reconsideration. Accordingly, Petitioner's motion for reconsideration (docket no. 6) is GRANTED. \\\
Order Granting Petitioner's Motion for Reconsideration; Vacating Judgment and Re-opening Case 1 P:\pro-se\sj.jf\hc.06\Busch271reopen

Dockets.Justia.com

Case 5:06-cv-06271-JF

Document 8

Filed 04/24/2007

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The judgment entered on March 7, 2007 (docket no. 5) is VACATED. The Clerk shall REOPEN the file. The Court will review the instant habeas petition in a separate written order. IT IS SO ORDERED. Dated:
4/24/07

JEREMY FOGEL United States District Judge

Order Granting Petitioner's Motion for Reconsideration; Vacating Judgment and Re-opening Case 2 P:\pro-se\sj.jf\hc.06\Busch271reopen

Case 5:06-cv-06271-JF

Document 8

Filed 04/24/2007

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A copy of this order was mailed to the following: Timothy Busch E-14667 Correctional Training Facility P.O. Box 689 Soledad, CA 93960-0689

Order Granting Petitioner's Motion for Reconsideration; Vacating Judgment and Re-opening Case 3 P:\pro-se\sj.jf\hc.06\Busch271reopen