Legesse v. Clarke, No. 3:2015cv00654 - Document 8 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. See for complete details. Signed by District Judge John A. Gibney, Jr on 12/30/2015. Clerk mailed copy to pro se Petitioner. (nbrow)
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Legesse v. Clarke Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WBENGDA ESHTU LEGESSE, Petitioner, V. Civil Action No. 3:15CV654 HAROLD W. CLARKE, Respondent. MEMORANDUM OPINION By Memorandum Opinion and Order entered on December 23, 2015, the Court dismissed Petitioner's action because he failed to complete and return, within fifteen (15) days of the date of entry thereof, an affidavit in support of his request to proceed in forma pauperis or pay the $5.00 filing fee. However, on December 22, 2015, the Court received a letter from Petitioner, wherein he indicated that he paid the $5.00 filing fee for the action before the action was transferred to this Court from the Western District of Virginia. At that time. Petitioner also submitted a second $5.00 filing fee. Here, the Court erred by dismissing Petitioner's habeas corpus petition when Petitioner had already paid the $5.00 filing fee to the Western District of Virginia. See Fed. R. Civ. P. 59(e). Accordingly, the December 23, 2015 Memorandum Opinion and Order will be VACATED. The Court will continue to process the action. An appropriate Order shall issue. John A. Glbney, J/. n^ u' j L- • • Richmond, Virgmia United States Di;OTi(5t/Judge ^ Dockets.Justia.com
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