Osolinski v. County of Sonoma et al

Filing 14

ORDER GRANTING MOTION TO REINSTATE CASE 13 ; VACATING ORDER OF DISMISSAL AND JUDGMENT; REOPENING CASE. The Clerk is ordered to vacate the 10/31/2017 Order of Dismissal and Judgment 11 and 12 and reopen this case. Amended Petition due by 2/8/ 2018. The Clerk shall include 2 copies of the court's form petition, a copy of the Court's order filed on 9/26/2017 10 with a copy of this order. Signed by Judge Edward J. Davila on 1/11/2018. NOTE: Mailed 2 copies of form petition, copy of order 10 and this order upon petitioner by AMK. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 1/11/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID N. OSOLINSKI,
United States District Court
Northern District of California

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Petitioner,
v.

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Case No. 17-02689 EJD (PR)
ORDER GRANTING MOTION TO
REINSTATE CASE; VACATING
ORDER OF DISMISSAL AND
JUDGMENT; REOPENING CASE

COUNTY OF SONOMA, et al.,
Respondents.
(Docket No. 13)

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

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pursuant to 28 U.S.C. § 2254. On September 26, 2017, the Court dismissed the petition

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with leave to amend to provide information regarding the exhaustion of state judicial

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remedies. (Docket No. 10.) Petitioner was given twenty-eight days from the date the

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order was filed to file an amended petition. (Id.) Because the deadline passed without any

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response from Petitioner, the Court dismissed the instant action on October 31, 2017, for

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failure to file an amended petition. (Docket No. 11.)

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Petitioner has filed a request to vacate order the dismissal and judgment, which the

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Court construes as a request to reinstate this action. (Docket No. 13.) Petitioner asserts

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that he never received the Court’s order of dismissal with leave to amend, and that if he

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had, he would have immediately prepared and filed an amended petition. (Id. at 2.)

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Accordingly, in the interest of justice, Petitioner’s motion to vacate the dismissal and

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reinstate this action is GRANTED.

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CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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1.

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The Clerk is ordered to vacate the October 31, 2017 Order of Dismissal and

Judgment, (Docket Nos. 11 and 12), and reopen this case.
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Petitioner shall file an amended petition using the court’s form petition, and

provide therein information regarding the exhaustion of state judicial remedies. If
Petitioner has not exhausted state judicial remedies, the petition must be dismissed for

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United States District Court
Northern District of California

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failure to exhaust. The amended petition shall be filed no later than twenty-eight (28)

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days from the date this order is filed.

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The Clerk shall include two copies of the court’s form petition, a copy of the

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Court’s order filed on September 26, 2017, (Docket No. 10), with a copy of this order to

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Petitioner.

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IT IS SO ORDERED.
1/11/2018
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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Order Granting Motion to Reinstate; Vacating Dismissal and Judgment
P:\PRO-SE\EJD\HC.17\03121Ochoa_reopen.docx

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