Amezquita v. Garcia-Cortez et al

Filing 15

ORDER REOPENING ACTION; VACATING JUDGMENT Signed by Judge Beth Labson Freeman on 6/2/2021. (tshS, COURT STAFF) (Filed on 6/2/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE G. AMEZQUITA,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 20-08285 BLF (PR)
ORDER REOPENING ACTION;
VACATING JUDGMENT

GARCIA-CORTEZ, et al.,
Defendants.

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Plaintiff, a state inmate, filed the instant pro se civil rights action pursuant to 42
U.S.C. § 1983 against prison staff at Salinas Valley State Prison. Dkt. No. 1. On March
26, 2021, the Court dismissed the complaint with leave to amend to correct various
deficiencies. Dkt. No. 11. Plaintiff was directed to file an amended complaint within
twenty-eight days from the date the order was filed and advised that failure to respond
would result in the dismissal of the action without prejudice and without further notice to
Plaintiff. Id. at 8. When no amended complaint was filed in the time provided, i.e., no
later than April 23, 2021, the Court dismissed the action on May 25, 2021, and entered
judgment the same day. Dkt. Nos. 13, 14.
The following day, on May 26, 2021, the Clerk docketed Plaintiff’s first amended
complaint with a filing date of May 24, 2021. Dkt. No. 12. The Court notes that the
amended complaint was signed on April 12, 2021, Dkt. No. 12 at 3, but not postmarked
until May 22, 2021. Dkt. No. 12-1 at 1. In the interest of justice, the Court will accept this
late filing and reopen the matter. Accordingly, the Judgment entered on May 25, 2021,

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Dkt. No. 14, is VACATED. The Court will conduct an initial review of the amended

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complaint in due course.

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The Clerk shall reopen the file.

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IT IS SO ORDERED.

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Dated: __June 2, 2021___________

________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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Order Reopening Action; Vacating Judgment
PRO-SE\BLF\CR.20\08285Amezquita_reopen

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