Barth v. Lazarraga

Filing 9

ORDER VACATING JUDGMENT AND REOPENING ACTION; INSTRUCTIONS TO CLERK.Signed by Judge Beth Labson Freeman on 10/10/2019. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 10/10/2019)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 SHAWN DAMON BARTH, Petitioner, 10 United States District Court Northern District of California 11 12 13 Case No. 19-05223 BLF (PR) ORDER VACATING JUDGMENT AND REOPENING ACTION; INSTRUCTIONS TO CLERK v. JOE A. LAZARRAGA, Warden, Respondent. 14 15 16 Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant 17 to 28 U.S.C. § 2254, challenging his state conviction. On October 1, 2019, the Court 18 dismissed the action for Petitioner’s failure to respond to the Clerk’s notice directing him 19 to either pay the filing fee or file an application to proceed in forma pauperis (“IFP”). 20 (Docket No. 6.) However, it now appears that Petitioner filed an IFP motion. (Docket No. 21 8.) In the interest of justice, the judgment shall be vacated and the matter reopened. 22 23 24 25 The judgment entered on October 1, 2019, is hereby VACATED. The Clerk shall reopen this action. IT IS SO ORDERED. DATED: October 10, 2019 BETH LABSON FREEMAN United States District Judge 26 27 28 Order Reopening Action P:\PRO-SE\BLF\HC.19\05223Barth_reopen.docx 1

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