Craddock v. Fisher et al, No. 3:2012cv00430 - Document 17 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/12/12. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ORILLION CRADDOCK, Plaintiff, Civil Action No. v. CLYD N. FISHER, 3:12CV430 et al., Defendants. MEMORANDUM OPINION Plaintiff, Orillion Craddock, a federal prisoner proceeding pro se, submitted § 1983. this civil action pursuant to 42 By Memorandum Order entered August 20, 2012, U.S.C. the Court directed Craddock to pay an initial partial filing fee of $31.83 or state under penalty of perjury that he did sufficient assets to pay such a fee within eleven the date of entry thereof. See 28 U.S.C. Craddock the had neither paid initial not (11) § 1915(b)(1). partial averred that he could not pay such a fee, filing have days of Because fee nor on October 5, 2012 the Court dismissed the action without prejudice. On October 10, 2012, the Court received from Craddock a letter informing the Court that he received the Court's August 20, 2012 Memorandum inadvertently was Order mailed to late because Craddock's the old Memorandum address. Order Craddock notes that he updated his address with the Court in July. With his letter, Craddock also submits the full initial partial filing fee. The Fourth Circuit has recognized three grounds for relief under Rule 59(e): "(1) controlling law; at trial; or (2) (3) to F. Supp. Co., 1993) 1406, 130 F.R.D. account for new evidence not available to correct a clear error of law or prevent manifest injustice." (4th Cir. to accommodate an intervening change in Hutchinson v. Staton, (citing Weyerhaeuser Corp. 1419 625, (D. Md. 994 F.2d 1076, 1081 v. Koppers Co., 771 1991); Atkins v. Marathon LeTourneau 626 (S.D. Miss. 1990)). Reviewing the Court's records the Court received Craddock's change of address on July 23, paid the full initial 2012. partial Moreover, filing fee. Craddock has now Thus, manifest injustice, the Court will reopen the action. to prevent The Clerk will be directed to process the initial partial filing fee. The Clerk is directed to send a copy of the Memorandum Opinion to Craddock. An appropriate Order shall issue. /s/ £l f Robert E. Payne Senior United States District Judge Richmond, Virginia Date: /SUe^bc ti*,i.i<^
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