Hollis v. Reisenhoover et al

Filing 38

ORDER re 34 MOTION for Extension of Time to Amend 28 Notice of Appeal, filed by Marvin Glenn Hollis, Case reopened.. Signed by Judge James Donato on 1/17/18. (lrcS, COURT STAFF) (Filed on 1/17/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARVIN GLENN HOLLIS, Plaintiff, 8 REISENHOOVER, et al., Defendants. United States District Court Northern District of California 11 12 ORDER v. 9 10 Case No. 17-cv-00326-NJV (JD) Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. 13 The case was dismissed and closed after plaintiff’s motion to proceed in forma pauperis (“IFP”) 14 was denied and he failed to pay the filing fee. The case was previously assigned to Magistrate 15 Judge Vadas who has retired and the undersigned received plaintiff’s motion as general duty 16 judge. Plaintiff seeks an extension of time to amend his appeal and to vacate the order dismissing 17 the case because the case was dismissed by a Magistrate Judge who did not have full consent of 18 the parties under Williams v. King, 875 F.3d 500 (9th Cir. 2017). It is hereby ordered that: 19 1. This case is REOPENED. 20 2. Plaintiff may file additional objections and briefing within fourteen (14) days 21 explaining why the Magistrate Judge’s Order was erroneous. 22 3. 23 IT IS SO ORDERED. 24 The Clerk shall randomly REASSIGN this case to a District Judge. Dated: January 17, 2018 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MARVIN GLENN HOLLIS, Case No. 17-cv-00326-NJV (JD) Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 REISENHOOVER, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 17, 2018, 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. 16 17 18 Marvin Glenn Hollis ID: E-37508 CSP - Los Angeles County Facility D, Building 3, Bed 140 P.O. Box 8457 Lancaster, CA 93539 19 20 21 Dated: January 17, 2018 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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