Summers v. Chapnick et.al.

Filing 13

ORDER GRANTING MOTION FOR RECONSIDERATION AND REOPENING ACTION; GRANTING EXTENSION OF TIME TO FILE COMPLAINT. In the interest of justice, the Court construes the letter as a motion for reconsideration, and for good cause shown, GRANTS the motion. The Clerk shall reopen this action. Plaintiff shall submit a complaint within thirty (30) days of the date this order is filed. Complaint on Form due by 11/4/2012. Failure to file a complaint in accordance with this court order in the time provided will result in the dismissal without prejudice of this action without further notice to Plaintiff. Signed by Judge Edward J. Davila on 10/3/2012. (ecg, COURT STAFF) (Filed on 10/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE GEORGE E. SUMMERS,
Plaintiff.

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No. C 12-02491 EJD (PR)

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ORDER GRANTING MOTION FOR
RECONSIDERATION AND
REOPENING ACTION; GRANTING
EXTENSION OF TIME TO FILE
COMPLAINT

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On September 21, 2012, the Court dismissed this civil rights action because

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Plaintiff, a state prisoner, had failed to file a complaint in the time provided by the Court.

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(See Docket No. 10.) Judgment was entered the same day.

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Plaintiff has filed a letter stating that he did not receive the last court order

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granting him an extension of time to file a complaint until after the deadline had expired.

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(Docket No. 12.) Plaintiff states that he was away at a hospital for a medical procedure

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from August 28, 2012 until September 1, 2012, and that he was still recovering from the

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procedure until September 17, 2012, when he finally received his personal property,

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including the aforementioned court order. (Id.) In the interest of justice, the Court

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construes the letter as a motion for reconsideration, and for good cause shown, GRANTS

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the motion. The Clerk shall reopen this action.

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Plaintiff shall submit a complaint within thirty (30) days of the date this order is
Order Reopening Action
02491Summers_reopen.wpd

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filed. Failure to file a complaint in accordance with this court order in the time

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provided will result in the dismissal without prejudice of this action without further

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notice to Plaintiff.

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DATED:

10/3/2012

EDWARD J. DAVILA
United States District Judge

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Order Reopening Action
02491Summers_reopen.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

IN RE GEORGE E. SUMMERS,

Case Number: CV12-02491 EJD

Plaintiff.

CERTIFICATE OF SERVICE
/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
10/4/2012
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.

George E. Summers C47252
Avenal State Prison
P. O. Box 9
Avenal, CA 93204
Dated:

10/4/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk