Mitchell v. Grounds et al

Filing 7

ORDER GRANTING MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND REOPENING CASE re 6 Letter. The Court will construe the letter as a motion for reconsideration. Good cause appearing, the motion is GRANTED. Accordingly, the Judgment entered on August 11, 2011, (Docket No. 4 ) is VACATED. The Court will conduct an initial screening of the complaint in a separate order. The Clerk shall reopen the file. Signed by Judge Edward J. Davila on 10/12/2011. (ecg, COURT STAFF) (Filed on 10/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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GREGORY MITCHELL
Plaintiff,

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vs.

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RANDY GROUNDS, et al.,
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Defendants.
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No. C 11-03012 EJD (PR)
ORDER GRANTING MOTION
FOR RECONSIDERATION;
VACATING JUDGMENT AND
REOPENING CASE

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Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42

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U.S.C. § 1983. On August 11, 2011, the Court dismissed the instant action for

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failure to pay the filing fee or file an in forma pauperis (“IFP”) application. (See

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Docket No. 3.)

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On August 24, 2011, Plaintiff filed a letter asserting that he sent the IFP

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application to prison officials for processing in a timely manner, and that he should

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not be penalized for the delay caused by prison officials. (Docket No. 6.) Plaintiff

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also filed a complete IFP application. (Docket No. 7.) The Court will construe the

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letter as a motion for reconsideration. Good cause appearing, the motion is

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GRANTED. Accordingly, the Judgment entered on August 11, 2011, (Docket No.

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4) is VACATED. The Court will conduct an initial screening of the complaint in a
G:\LEEH\ORDERS\EJD\CR.11\03012Mitchell_recon&reopen.wpd

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separate order.
The Clerk shall reopen the file.

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DATED:

October 12, 2011

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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G:\LEEH\ORDERS\EJD\CR.11\03012Mitchell_recon&reopen.wpd2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GREGORY MITCHELL,

Case Number: CV11-03012 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
RANDY GROUNDS, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
10/12/2011
That on
, 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.

Gregory Mitchell D44205
P. O. Box 689
Soledad, CA 93690
Dated:

10/12/2011
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk