Delmonico v. Bonta ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG 8 Petitioner, ORDER VACATING DISMISSAL AND JUDGMENT; REOPENING ACTION; 9 Vv. DENYING AS MOOT REQUEST TO REINSTATE ORDER OF DISMISSAL 10 ROB BONTA, WITH LEAVE TO AMEND 11 Respondent. Re: Dkt. No. 8 a 12 13 On May 19, 2021, the Court dismissed this action without prejudice for failure to file an v 14 || amended petition as required by the Court’s March 31, 2021 Order, and entered judgment in favor © 15 of Respondent.' Dkt. Nos. 4,5. On May 24, 2021, Petitioner filed an amended petition. Dkt. No. G 16 || 6. In light of this filing, the Clerk is directed to VACATE the May 9, 2021 Order of Dismissal = 17 || and related judgment, and REOPEN this action. Petitioner’s request to reinstate the March 31, 42 18 || 2021 Order, Dkt. No. 8, is DENIED as moot. The Court construes this as a request to reopen the 19 || case, which the Court has already ordered. The Court will screen the amended petition in a 20 || separate order. 21 This order terminates Dkt. No. 8. 22 IT ISSO ORDERED. 23 || Dated: 6/10/2021 24 Atnpurrd 5 Sdbl_|p 5 HAYWOOD S. GILLIAM, JR. United States District Judge 26 27 1 The Clerk of the Court is directed to substitute Rob Bonta, the California Attorney General, in 2g || place of the previously named respondent because Attorney General Bonta is Petitioner’s current custodian. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir.), as amended (May 8, 1996).