Paz v. Spearman

Filing 11

ORDER GRANTING MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND REOPENING CASE. The Judgment entered on January 2, 2014, (Docket No. 8) is VACATED.The Court will conduct an initial review of the petition in a separate order.The Clerk shall reopen the file. Signed by Judge Edward J. Davila on 8/25/2014. (ecg, COURT STAFF) (Filed on 8/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FREDDY A. PAZ,
Petitioner,

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v.

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For the Northern District of California

United States District Court

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M. E. SPEARMAN, Warden,
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Respondent.
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No. C 14-01989 EJD (PR)
ORDER GRANTING MOTION
FOR RECONSIDERATION;
VACATING JUDGMENT AND
REOPENING CASE

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Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus.

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On June 24, 2014, the Court dismissed the instant action for failure to pay the filing

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fee. (See Docket No. 7.)

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Petitioner has filed a letter which the Court construes as a motion for

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reconsideration, asserting that he placed the proper document in the prison mail-box

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within the time provided by the Court and that it was the prison which failed to

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complete the process. According to the docket, the filing fee was filed received on

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June 27, 2014. In the interest of justice, Petitioner’s motion for reconsideration is

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GRANTED.

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The Judgment entered on January 2, 2014, (Docket No. 8) is VACATED.
The Court will conduct an initial review of the petition in a separate order.
The Clerk shall reopen the file.
DATED:

8/25/2014

EDWARD J. DAVILA
United States District Judge

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Order Reopening Action
P:\PRO-SE\EJD\HC.14\01989Paz_reopen.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

FREDDY A. PAZ,

Case Number: CV14-01989 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
M. E. SPEARMAN, Warden,
Respondent.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
8/26/2014
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.

Freddy Alejandro Paz F-45349
Correctional Training Facility-North
P.O. Box 705
Soledad, CA 93960-0705
Dated:

8/26/2014
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk