Brooks v. Cate

Filing 13

ORDER by Judge Lucy H. Koh denying 9 Motion to Reinstate Petition (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 9/26/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRUCE BROOKS,

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Petitioner,
v.
CONNIE GIPSON,
Respondent.

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No. C 13-1352 LHK (PR)
ORDER DENYING MOTION
TO REINSTATE PETITION

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On March 26, 2013, petitioner, a state prisoner proceeding pro se, filed a writ of habeas
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corpus. On May 29, 2013, the court denied petitioner’s motion for leave to proceed in forma
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pauperis (“IFP”), and directed petitioner to pay the $5.00 filing fee within thirty days. On July
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16, 2013, after having received no payment from petition, the court dismissed this action for
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failure to pay the filing fee.
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On July 31, 2013, petitioner filed a motion to reinstate the petition. In his motion,
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petitioner alleges that on June 17, 2013, he sent a request for trust account withdrawal to his
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prison counselor, and instructed his counselor to send the $5.00 filing fee to this court.
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Petitioner alleges that he assumed that the fee had been paid. On September 3, 2013, petitioner
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filed a notice of update regarding payment of the filing fee. To date, no filing fee has been paid.
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If and when petitioner can either pay the filing fee or file a renewed motion for leave to
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proceed IFP demonstrating that he has insufficient funds to pay the filing fee, petitioner may file
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Order Denying Motion to Reinstate Petition
G:\PRO-SE\LHK\HC.13\Brooks352rein.wpd

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a motion to re-open this action. Until that time, this case remains closed.1 Petitioner’s motion to

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reinstate the petition is DENIED without prejudice.

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IT IS SO ORDERED.
DATED:

9/25/13
LUCY H. KOH
United States District Judge

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On September 17, 2013, the court inadvertently granted respondent’s motion for an
extension of time to file a response to the order to show cause. Because this had already been
closed, respondent’s motion and the court’s September 17, 2013 order were moot.
Order Denying Motion to Reinstate Petition
G:\PRO-SE\LHK\HC.13\Brooks352rein.wpd

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