Hailu Wesley v. Gary Swarthout

Filing 10

ORDER VACATING JUDGMENT; RE-OPENING CASE; DIRECTING PETITIONER TO RESPOND TO MOTION TO DISMISS. Signed by Judge Lucy H. Koh on 6/16/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 6/17/2014)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 HAILU WESLEY, 12 Petitioner, 13 14 vs. GARY SWARTHOUT, Warden, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 13-5343 LHK (PR) ORDER VACATING JUDGMENT; RE-OPENING CASE; DIRECTING PETITIONER TO RESPOND TO MOTION TO DISMISS 16 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. On March 24, 2014, the court denied petitioner’s motion to proceed in forma 19 pauperis and directed him to pay the $5.00 filing fee within thirty days or face dismissal. On 20 May 12, 2014, having received no payment from petitioner, the court dismissed the action 21 without prejudice. On June 6, 2014, petitioner filed a declaration in which he stated that he paid 22 the $5.00 filing fee, and it was received by the court on April 9, 2014. However, the payment 23 was not docketed until June 11, 2014. Because petitioner timely complied with the court’s order 24 to pay the filing fee, the court VACATES the judgment, and RE-OPENS this action. 25 On May 22, 2014, respondent filed a motion to dismiss the petition as a second or 26 successive petition. Petitioner shall file an opposition no later than twenty-eight days from the 27 /// 28 /// Order Vacating Judgment; Re-Opening Case; Directing Petitioner to Respond to Motion to Dismiss P:\PRO-SE\LHK\HC.13\Wesley343reo.wpd 1 2 3 4 filing date of this order. Respondent shall file a reply fourteen days thereafter. IT IS SO ORDERED. DATED: _______________ 6/16/14 LUCY H. KOH United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Vacating Judgment; Re-Opening Case; Directing Petitioner to Respond to Motion to Dismiss 2 P:\PRO-SE\LHK\HC.13\Wesley343reo.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?