Filed: Aug. 02, 2019
Latest Update: Aug. 02, 2019
Summary: ORDER REOPENING ACTION DONNA M. RYU , Magistrate Judge . On May 8, 2019, this federal habeas corpus action 1 was dismissed because Petitioner failed to pay the $5.00 filing fee even after she was granted an extension of time to do so. Dkt. 25. Petitioner has since filed a motion requesting the court to reopen this action. Dkt. 26. Petitioner explains that she attempted to follow the "proper procedures" at the prison in order to pay the filing fee, but to no avail. Id. at 1-2. Petitioner
Summary: ORDER REOPENING ACTION DONNA M. RYU , Magistrate Judge . On May 8, 2019, this federal habeas corpus action 1 was dismissed because Petitioner failed to pay the $5.00 filing fee even after she was granted an extension of time to do so. Dkt. 25. Petitioner has since filed a motion requesting the court to reopen this action. Dkt. 26. Petitioner explains that she attempted to follow the "proper procedures" at the prison in order to pay the filing fee, but to no avail. Id. at 1-2. Petitioner ..
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ORDER REOPENING ACTION
DONNA M. RYU, Magistrate Judge.
On May 8, 2019, this federal habeas corpus action1 was dismissed because Petitioner failed to pay the $5.00 filing fee even after she was granted an extension of time to do so. Dkt. 25.
Petitioner has since filed a motion requesting the court to reopen this action. Dkt. 26. Petitioner explains that she attempted to follow the "proper procedures" at the prison in order to pay the filing fee, but to no avail. Id. at 1-2. Petitioner adds that she had "authorized the payment to be withdrawn from [her] account," but as of May 15, 2019 "the payment was still here at the facility." Id. at 2. Thus, it is evident that Petitioner had made efforts to pay the filing fee, and that, through no fault of her own, the fee was never sent to the court. See id.
For the reasons above, the action is REOPENED. The Clerk of the Court is directed to modify the docket accordingly. The judgment (Dkt. 25) and the order of dismissal (Dkt. 24) are VACATED.
In a separate written Order, the court will sua sponte grant Petitioner a second extension of time to pay the filing fee, direct the prison to assist her in sending the filing fee, and set a briefing schedule.
This Order terminates Docket No. 26.
IT IS SO ORDERED.
