Rice v. Wagner et al

Filing 11

ORDER VACATING JUDGMENT AND REOPENING CASE. Plaintiff has now filed the missing documents. Accordingly, the Judgment entered on May 14, 2013, (Docket No. 8) is VACATED. The Court will address Plaintiff's IFP application and conduct an initial screening of the complaint in separate orders. The Clerk shall reopen the file. Signed by Judge Edward J. Davila on 6/24/2013. (ecg, COURT STAFF) (Filed on 6/25/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROYLAND RICE,
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Plaintiff,
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v.
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RYAN WAGNER, et al.,

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Defendants.
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No. C 11-06295 EJD (PR)
ORDER VACATING JUDGMENT
AND REOPENING CASE

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Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. §

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1983. On May 14, 2013, the Court dismissed the instant action for failure to pay the

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filing fee or file an in forma pauperis (“IFP”) application. (See Docket No. 7.) Although

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Plaintiff filed an IFP application prior to the closing of this case, the application was

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insufficient because he failed to attach the following: 1) a Certificate of Funds in

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Prisoner’s Account completed by an authorized prison official; and 2) a copy of his

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prisoner trust account statement showing transactions for the last six months. (See

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Docket No. 5.)

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Plaintiff filed a letter dated May 4, 2013, which the Court construed as a notice of

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intent to prosecute. (Docket No. 6.) In the interest of justice, Plaintiff was provided an

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opportunity to file the missing documents to complete his IFP application no later than
Order Vacating Judgment and Reopening Case
G:\PRO-SE\EJD\CR.11\06295Rice_reopen.wpd

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twenty-eight days from the date of the court order. (Docket No. 9.) Plaintiff has now

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filed the missing documents. (See Docket No. 10.) Accordingly, the Judgment entered

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on May 14, 2013, (Docket No. 8) is VACATED. The Court will address Plaintiff’s IFP

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application and conduct an initial screening of the complaint in separate orders.

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The Clerk shall reopen the file.

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DATED:

6/24/2013

EDWARD J. DAVILA
United States District Judge

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Order Vacating Judgment and Reopening Case
G:\PRO-SE\EJD\CR.11\06295Rice_reopen.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROYLAND RICE,

Case Number: CV11-06295 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
RYAN WAGNER, 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.
6/25/2013
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.

Royland Rice UEQ - 820
The Glenn E. Dyer Detention Facility
550 - 6th Street
Oakland, CA 94607
Dated:

6/25/2013
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk