Crane v. Hatton et al

Filing 97

ORDER DENYING MOTION FOR RECONSIDERATION re 85 . Signed by Judge Jeremy Fogel on 12/3/09. (dlm, COURT STAFF) (Filed on 12/21/2009)

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Order Denying Motion for Recon. P:\PRO-SE\SJ.JF\CR.06\Crane910_deny-recon.wpd

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICHARD J. CRANE, Plaintiff, vs. S. HATTON, et al., Defendants.

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No. C 06-06910 JF (PR) ORDER DENYING MOTION FOR RECONSIDERATION

(Docket No. 85)

On September 23, 2009, the Court dismissed this action without prejudice pursuant to 28 U.S.C. § 1915(g). Plaintiff filed a motion for relief, citing generally Federal Rule of Civil Procedure 60. (Docket No. 85.) Plaintiff asserts that the entire $350.00 filing fee was paid and that the action was dismissed in error. However, Plaintiff paid only $100.00 of the filing fee. (See Docket No. 82.) In the interest of justice, the Court directed Plaintiff to provide proof that the remaining $250.00 was paid prior to judgment being entered so that the Court could consider reopening this action. (See Docket No. 92.) On November 23, 2009, Plaintiff filed a notice wherein he states that another inmate had attempted to send the remaining $250.00, but admits that the money was never mailed to the Court. (Id. at 2.) Accordingly, the motion for reconsideration is DENIED. IT IS SO ORDERED. DATED: 12/3/09 JEREMY FOGEL United States District Judge
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICHARD J CRANE, Plaintiff, v. S. HATTON, et al., Defendants. /

Case Number: CV06-06910 JF CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. , I SERVED a true and correct copy(ies) of the That on 12/21/09 attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard J. Crane C-44519 High Desert State Prison P.O. Box 3030 Fac. "B" Bldg. #4, Cell #136 Susanville, CA 96127-3030 Dated: 12/21/09 Richard W. Wieking, Clerk