(PC) Gollihar v. San Joaquin County Jail Doc.

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Case 2:06-cv-00433-LKK-EFB Document 14 Filed 06/07/2006 Page 1 of 2

7 IN THE UNITED STATES DISTRICT COURT

8 FOR THE EASTERN DISTRICT OF CALIFORNIA

9 AUSTIN GOLLIHAR,

10 Plaintiff, No. CIV S-06-0433 LKK PAN P

11 vs.

12 SAN JOAQUIN COUNTY JAIL,

13 Defendant. ORDER

14 /

15 On March 1, 2006, plaintiff, an inmate at the San Joaquin County Jail, filed a

16 letter seeking mental health care. No other pleadings were filed by the plaintiff. On March 24,

17 2006, plaintiff was granted thirty days in which to file a complaint and to either pay the $250.00

18 filing fee required for a civil rights action or file an application requesting leave to proceed in

19 forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). That order came back undelivered, and on

20 May 16, 2006, this court adopted findings and recommendations filed by the magistrate judge on

21 April 7, 2006 and dismissed this action due to plaintiff’s failure to keep the court apprised of his

22 current address. Judgment was entered on the same day. On May 22, 2006, plaintiff filed notice

23 that his inmate identification number had been changed and that was the reason for the non-

24 delivery of his mail.

25 Good cause appearing, IT IS HEREBY ORDERED that:

26 1. This court’s May 16, 2006 order and the judgment thereon are vacated;

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 Case 2:06-cv-00433-LKK-EFB Document 14 Filed 06/07/2006 Page 2 of 2

1 2. The Clerk of the Court is directed to reopen this action; and

2 3. This matter is remanded to the magistrate judge for further proceedings

3 DATED: June 7, 2006.

5
Lawrence K. Karlton
6 Senior Judge
U.S. District Court
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/goll0433.vac
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