Lucas
Lucas v. Atchley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DWAYNE LUCAS, Case No. 21-cv-02282-JST
Plaintiff, ORDER VACATING ORDER OF
DISMISSAL AND JUDGMENT;
v. GRANTING REQUEST TO
REOPENING CASE; DISMISSING
M ATCHLEY, et al., COMPLAINT WITH LEAVE TO
AMEND
Defendants. 11 Re: ECF No. 6 12 Plaintiff, a state prisoner housed at Salinas Valley State Prison (“SVSP”), filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. This case was dismissed on October 19, 2021 for failure to either pay the full filing and administrative fee, or file a complete in forma pauperis application. ECF Nos. 3, 4. Plaintiff has since filed a pleading indicating that he wishes to proceed with this action, which the Court construes as a request to reopen this action. ECF No. 6. Plaintiff has also filed an application to proceed in forma pauperis. ECF No. 7. For the reasons set forth below, the Court GRANTS the request to reopen this action (ECF No. 6), VACATES the Order of Dismissal…