Scott v. Lewis

Filing 14

ORDER GRANTING MOTION FOR RECONSIDERATION; RE-OPENING CASE. Signed by Judge Lucy H. Koh on 1/11/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 1/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ERIC D. SCOTT,

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Petitioner,
v.
WARDEN G.D. LEWIS,

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Respondent.

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No. C 11-3128 LHK (PR)
ORDER GRANTING MOTION FOR
RECONSIDERATION; REOPENING CASE

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. On October 21, 2011, the Court issued an order to show cause,
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and ordered Petitioner to pay the filing fee within thirty days. On December 6, 2011, having
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received no indication of payment from Petitioner, the Court dismissed the action and entered
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judgment.
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On December 30, 2011, the Clerk entered into the docket a letter filed by Petitioner on
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December 23, 2011. In that letter, Petitioner disputes the dismissal, arguing that he paid the
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filing fee within the Court-ordered deadline. Petitioner included a copy of the receipt he
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received confirming that he paid the required filing fee on November 18, 2011. The Court
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construes Petitioner’s letter as a motion for reconsideration. So construed, the motion is
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GRANTED. The Clerk shall RE-OPEN this case.
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Order Granting Motion for Reconsideration; Re-Opening Case
P:\pro-se\sj.lhk\hc.11\Scott525recon

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Petitioner’s traverse to Respondent’s answer shall be filed no later than thirty days from

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the filing date of this order.

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IT IS SO ORDERED.
1/11/12
DATED:

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LUCY H. KOH
United States District Judge

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Order Granting Motion for Reconsideration; Re-Opening Case
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P:\pro-se\sj.lhk\hc.11\Scott525recon