(HC) Ward v. Evans, No. 1:2010cv00633 - Document 20 (E.D. Cal. 2010)

Court Description: ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS Due to Clerical Error; ORDER DIRECTING the Clerk to Serve the Order Denying Petitioner's Renewed Motion to Proceed In Forma Pauperis and to Correct the Docket signed by Magistrate Judge Sheila K. Oberto on 7/28/2010. (Bradley, A)

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(HC) Ward v. Evans Doc. 20 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 CRAIG ALLEN WARD, 11 Petitioner, 12 v. 13 ACTING WARDEN M. C. EVANS, 14 Respondent. 15 ) ) ) ) ) ) ) ) ) ) ) ) 1:10-cv—0633-OWW-SKO-HC ORDER VACATING FINDINGS AND RECOMMENDATIONS DUE TO CLERICAL ERROR (DOC. 17) ORDER DIRECTING THE CLERK TO SERVE THE ORDER DENYING PETITIONER’S RENEWED MOTION TO PROCEED IN FORMA PAUPERIS AND TO CORRECT THE DOCKET 16 17 Petitioner is a state prisoner proceeding pro se with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 The matter has been referred to the Magistrate Judge pursuant to 20 28 U.S.C. § 636(b) and Local Rules 302 and 304. 21 I. 22 23 Vacating the Findings and Recommendations to Dismiss the Action On June 21, 2010, the Magistrate Judge filed findings and 24 recommendations recommending that the petition for writ of habeas 25 corpus be dismissed without prejudice pursuant to Local Rule 110 26 for Plaintiff’s failure to comply with the Court’s order to pay 27 the filing fee. 28 docket, it appears that the order to pay the filing fee was not However, despite a contrary indication in the 1 Dockets.Justia.com 1 served on Petitioner. 2 Therefore, due to the clerical error, it is ORDERED that: 3 1) 4 The findings and recommendations filed on June 21, 2010, ARE VACATED; and 5 2) The Clerk is DIRECTED to serve the Court’s order denying 6 Petitioner’s renewed motion to proceed in forma pauperis, which 7 was signed on May 21, 2010, and entered on May 24, 2010, on 8 Petitioner; and 9 10 3) The Clerk is further DIRECTED to take any and all appropriate measures to correct the docket. 11 12 IT IS SO ORDERED. 13 Dated: ie14hj July 28, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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