(PC) Greene v. Board of Prison Terms et al, No. 2:2009cv00229 - Document 17 (E.D. Cal. 2011)
Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 02/17/11 GRANTING 16 Motion to Set Aside; The courts order 12 and 13 Judgment entered on November 5, 2010 are vacated; The Clerk of the Court is directed to re-open this case; Within thirty days from the date of this order, plaintiff shall file his objections to the courts findings and recommendations, filed on September 21, 2010.(Williams, D)
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(PC) Greene v. Board of Prison Terms et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CEDRIC GREENE, 11 Plaintiff, 12 13 No. CIV S-09-0229 LKK DAD P vs. BOARD OF PRISON TERMS, et al., 14 Defendants. 15 ORDER / 16 This action was closed on November 5, 2010. On January 25, 2011, plaintiff filed 17 a document styled, “Declaration And Request To Set Aside Dismissal And Grant Plaintiff Leave 18 To File Objections To The Findings And Recommendations.” Plaintiff contends that he was 19 unable to file timely objections to the court’s findings and recommendations because he was on a 20 parole hold in Los Angeles and was not released until January 7, 2011. 21 Court records indicate that on November 4, 2010, the day before the order 22 adopting the findings and recommendations was filed, plaintiff filed a letter requesting a stay of 23 the proceedings. (Doc. No. 11.) The court never responded to this letter or provided additional 24 time for plaintiff to file his objections. Therefore, the judgment will be vacated and this action 25 will be reopened. 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s January 25, 2011 request to set aside the dismissal of this action 3 (Doc. No. 16) is granted; 4 2. The court’s order and judgment entered on November 5, 2010 are vacated; 5 3. The Clerk of the Court is directed to re-opened this case; and 6 4. Within thirty days from the date of this order, plaintiff shall file his objections 7 8 to the court’s findings and recommendations, filed on September 21, 2010. DATED: February 17, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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