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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHAWN DAMON BARTH,
Petitioner,

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United States District Court
Northern District of California

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Case No. 19-05223 BLF (PR)
ORDER VACATING JUDGMENT
AND REOPENING ACTION;
INSTRUCTIONS TO CLERK

v.
JOE A. LAZARRAGA, Warden,
Respondent.

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Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant

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to 28 U.S.C. § 2254, challenging his state conviction. On October 1, 2019, the Court

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dismissed the action for Petitioner’s failure to respond to the Clerk’s notice directing him

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to either pay the filing fee or file an application to proceed in forma pauperis (“IFP”).

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(Docket No. 6.) However, it now appears that Petitioner filed an IFP motion. (Docket No.

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8.) In the interest of justice, the judgment shall be vacated and the matter reopened.

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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

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Order Reopening Action
P:\PRO-SE\BLF\HC.19\05223Barth_reopen.docx

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