Barth v. Lazarraga
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SHAWN DAMON BARTH,
United States District Court
Northern District of California
Case No. 19-05223 BLF (PR)
ORDER VACATING JUDGMENT
AND REOPENING ACTION;
INSTRUCTIONS TO CLERK
JOE A. LAZARRAGA, Warden,
Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant
to 28 U.S.C. § 2254, challenging his state conviction. On October 1, 2019, the Court
dismissed the action for Petitioner’s failure to respond to the Clerk’s notice directing him
to either pay the filing fee or file an application to proceed in forma pauperis (“IFP”).
(Docket No. 6.) However, it now appears that Petitioner filed an IFP motion. (Docket No.
8.) In the interest of justice, the judgment shall be vacated and the matter reopened.
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
Order Reopening Action
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