Oropeza v. Cullen

Filing 13

ORDER Vacating Judgment; RE-OPENING CASE. Signed by Judge Ronald M. Whyte on 10/25/11. (jg, COURT STAFF) (Filed on 10/25/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 HECTOR ARTURO OROPEZA, 12 13 14 15 Petitioner, v. VINCENT S. CULLEN, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 10-5916 RMW (PR) ORDER VACATING JUDGMENT; RE-OPENING CASE 16 On December 27, 2010, petitioner, a state prisoner proceeding pro se, filed a petition for 17 writ habeas corpus petition pursuant to 28 U.S.C. § 2254. That same day, the court sent a 18 notification to petitioner informing him that he did not file a completed in forma pauperis 19 application, nor did he pay the required filing fee. The court notified petitioner that the case 20 would be dismissed if he failed to pay the fee, or file a completed application with supporting 21 documentation within thirty days. On March 3, 2011, after receiving no communication from 22 petitioner, the court dismissed the case without prejudice. On March 12, 2011, the clerk of the 23 court received and docketed a copy of a receipt, which indicated that petitioner had indeed paid 24 the $5.00 filing fee on December 30, 2010. On March 16, 2011, petitioner filed a notice of 25 appeal. On June 13, 2011, the Ninth Circuit Court of Appeal remanded this case for the limited 26 purpose of permitting this court to consider the option of withdrawing the dismissal order and 27 reinstating the habeas petition in light of the fee payment. 28 Order Vacating Judgment; Re-Opening Case P:\PRO-SE\SJ.Rmw\HC.10\Oropeza916remand.wpd 1 After consideration, the court VACATES the judgment, withdraws the dismissal order, 2 RE-OPENS this action, and reinstates petitioner’s petition for writ of habeas corpus. The court 3 will screen petitioner’s petition for writ of habeas corpus in a separate order. 4 5 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Vacating Judgment; Re-Opening Case P:\PRO-SE\SJ.Rmw\HC.10\Oropeza916remand.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA HECTOR A OROPEZA, Case Number: CV10-05916 RMW Plaintiff, CERTIFICATE OF SERVICE v. VINCENT S CULLEN et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 25, 2011, I SERVED a true and correct copy(ies) of the 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. Hector Arturo Oropeza H-24646 San Quentin State Prison 5N-86-Low San Quentin, CA Dated: October 25, 2011 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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