Cuevas

Johnson v. Cuevas

Good Law
United States District Court, Northern District of CaliforniaJanuary 17, 20234:21-cv-05264California653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL DAVID JOHNSON, Case No. 21-cv-05264-JSW

Plaintiff, ORDER GRANTING

RECONSIDERATION; VACATING

v. JUDGMENT; REVOKING IN FORMA

PAUPERIS STATUS; TO PAY FILING

A. CUEVAS, et al., FEE Defendants. Re: Dkt. No.

Plaintiff was granted leave to file an amended complaint, but the case was then dismissed because the Court did not receive his amended complaint before the deadline. Shortly thereafter, Plaintiff filed his amended complaint. In light of the fact that Plaintiff is proceeding pro se and is incarcerated, the lateness of his amended complaint is excused. Reconsideration of the dismissal order is GRANTED, the judgment is VACATED, and the case is REOPENED. Plaintiff was previously granted leave to proceed in forma pauperis. The Prison Litigation Reform Act of 1995 ("PLRA") provides that a prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. 1915 "if the…

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