Conner v. Lewis

Filing 7

ORDER by Judge Lucy H. Koh granting 5 Motion for Reconsideration (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 11/30/2011)

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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 SCOTT ERIC CONNER, 12 Petitioner, 13 v. 14 WARDEN GREG LEWIS, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 11-4464 LHK (PR) ORDER GRANTING MOTION FOR RECONSIDERATION 16 On September 7, 2011, Petitioner, a state prisoner proceeding pro se, filed a writ of 17 habeas corpus challenging an administrative decision resulting in his placement in Pelican Bay 18 State Prison’s Secured Housing Unit. On October 21, 2011, the Court dismissed this action for 19 failure to timely file a completed application to proceed in forma pauperis or pay the filing fee. 20 On November 7, 2011, Petitioner filed an objection to the judgment, and a motion for 21 reconsideration. In his motion, Petitioner alleges that, on September 22, 2011, he mailed an 22 application to proceed in forma pauperis, along with the required certificate of funds. Petitioner 23 claims the application mistakenly was mailed to the Northern District Court in San Francisco. 24 Accordingly, Petitioner’s motion for reconsideration is GRANTED. 25 However, the Court still has not received Petitioner’s application to proceed in forma 26 pauperis, nor the required certificate of funds. No later than thirty (30) days from the filing date 27 of this order, Petitioner shall submit a completed application to proceed in forma pauperis, which 28 Order Granting Motion for Reconsideration P:\pro-se\sj.lhk\hc.11\Conner464recon 1 should include his certificate of funds. Upon receipt of a completed application, the Court will 2 re-open this case and screen Petitioner’s petition for writ of habeas corpus. Failure to comply 3 with this order will result in Petitioner’s case remaining closed. 4 It is Petitioner’s responsibility to prosecute this case. He must keep the Court and all 5 parties informed of any change of address by filing a separate paper captioned “Notice of 6 Change of Address.” He must comply with the Court’s orders in a timely fashion. Failure to do 7 so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 8 Civil Procedure 41(b). 9 10 IT IS SO ORDERED. DATED: 11/30/11 LUCY H. KOH United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Motion for Reconsideration P:\pro-se\sj.lhk\hc.11\Conner464recon 2

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