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Hogue v. California Board of Prison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 22, 2008

BRIAN HOGUE, PETITIONER,
v.
CALIFORNIA BOARD OF PRISON HEARINGS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER VACATING FINDINGS AND RECOMMENDATIONS

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner's petition will be addressed separately as required by Rule 4 of the Federal Rules Governing Section 2254 Cases.

On July 16, 2008, the undersigned filed findings and recommendations recommending this action be dismissed for plaintiff's lack of prosecution and failure to comply with Court Rules and orders. Petitioner had previously been ordered to either pay the filing fee or file an application to proceed in forma pauperis. As of July 15, 2008, no application to proceed in forma pauperis had been filed, nor had the filing fee been paid. In response to the findings and recommendations issued, petitioner filed a notice of compliance and objections to the dismissal of this action. Petitioner indicated in his filing that he had complied with this court's order and paid the filing fee on or about June 11, 2008. In support of his notice of compliance, petitioner submitted a copy of his prison trust account indicating that $5.00 had been withdrawn from his account on June 10, 2008. After further review of this matter, the court has discovered that due to a Clerk's error, petitioner's filing fee was receipted for the wrong account and was not properly docketed. The Clerk has corrected this error, and the filing fee has now been correctly docketed in this case.

Accordingly, IT IS HEREBY ORDERED that the findings and recommendations filed July 16, 2008 (Doc. 6) are vacated.

20080822

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