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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HECTOR ARTURO OROPEZA,

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Petitioner,
v.
VINCENT S. CULLEN,
Respondent.

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No. C 10-5916 RMW (PR)
ORDER VACATING
JUDGMENT; RE-OPENING
CASE

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On December 27, 2010, petitioner, a state prisoner proceeding pro se, filed a petition for
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writ habeas corpus petition pursuant to 28 U.S.C. § 2254. That same day, the court sent a
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notification to petitioner informing him that he did not file a completed in forma pauperis
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application, nor did he pay the required filing fee. The court notified petitioner that the case
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would be dismissed if he failed to pay the fee, or file a completed application with supporting
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documentation within thirty days. On March 3, 2011, after receiving no communication from
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petitioner, the court dismissed the case without prejudice. On March 12, 2011, the clerk of the
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court received and docketed a copy of a receipt, which indicated that petitioner had indeed paid
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the $5.00 filing fee on December 30, 2010. On March 16, 2011, petitioner filed a notice of
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appeal. On June 13, 2011, the Ninth Circuit Court of Appeal remanded this case for the limited
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purpose of permitting this court to consider the option of withdrawing the dismissal order and
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reinstating the habeas petition in light of the fee payment.
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Order Vacating Judgment; Re-Opening Case
P:\PRO-SE\SJ.Rmw\HC.10\Oropeza916remand.wpd

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After consideration, the court VACATES the judgment, withdraws the dismissal order,

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RE-OPENS this action, and reinstates petitioner’s petition for writ of habeas corpus. The court

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will screen petitioner’s petition for writ of habeas corpus in a separate order.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Vacating Judgment; Re-Opening Case
P:\PRO-SE\SJ.Rmw\HC.10\Oropeza916remand.wpd

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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.

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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