Hailu Wesley v. Gary Swarthout
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HAILU WESLEY,
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Petitioner,
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vs.
GARY SWARTHOUT, Warden,
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Respondent.
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No. C 13-5343 LHK (PR)
ORDER VACATING JUDGMENT;
RE-OPENING CASE; DIRECTING
PETITIONER TO RESPOND TO
MOTION TO DISMISS
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Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to
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28 U.S.C. § 2254. On March 24, 2014, the court denied petitioner’s motion to proceed in forma
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pauperis and directed him to pay the $5.00 filing fee within thirty days or face dismissal. On
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May 12, 2014, having received no payment from petitioner, the court dismissed the action
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without prejudice. On June 6, 2014, petitioner filed a declaration in which he stated that he paid
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the $5.00 filing fee, and it was received by the court on April 9, 2014. However, the payment
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was not docketed until June 11, 2014. Because petitioner timely complied with the court’s order
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to pay the filing fee, the court VACATES the judgment, and RE-OPENS this action.
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On May 22, 2014, respondent filed a motion to dismiss the petition as a second or
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successive petition. Petitioner shall file an opposition no later than twenty-eight days from the
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Order Vacating Judgment; Re-Opening Case; Directing Petitioner to Respond to Motion to Dismiss
P:\PRO-SE\LHK\HC.13\Wesley343reo.wpd
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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
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Order Vacating Judgment; Re-Opening Case; Directing Petitioner to Respond to Motion to Dismiss
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P:\PRO-SE\LHK\HC.13\Wesley343reo.wpd
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