Kelly
Kelly v. Allen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES CARL KELLY, Case No. 23-cv-00966-JST
Plaintiff,
ORDER VACATING JUDGMENT AND
v. REOPENING ACTION; DISMISSING
COMPLAINT WITH LEAVE TO
T. ALLEN, et al., AMEND Defendants.
12 Plaintiff, an inmate housed at California State Prison - Sacramento, filed the instant pro se civil rights action under 42 U.S.C. § 1983. For the reasons set forth below, the Court VACATES the May 25, 2023 Order denying Plaintiff leave to proceed in forma pauperis, ECF No. 9; VACATES the August 2, 2023 Order Denying Request for Reconsideration of Denial of In Forma Pauperis Status; Dismissing Action for Failure to Pay Filing Fee in Full, ECF No. 15; VACATES the August 2, 2023 judgment, ECF No. 16; directs the Clerk to REOPEN this action; and DISMISSES the complaint with leave to amend. BACKGROUND On or about March 3, 2023, Plaintiff filed a pro se action pursuant to 42 U.S.C. § 1983 regarding…