Johnson v. Pixley et al, No. 3:2017cv00634 - Document 12 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/08/2017. Copy mailed to Plaintiff. (walk, )
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Johnson v. Pixley et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division 0 I, K DAN E. JOHNSON, CLERK, U.S. DISTRICT COURT RICHMOND. VA Plaintiff, Civil Action No. 3:17CV634-HEH V. WARDEN PIXLEY, etai. Defendants. MEMORANDUM OPINION (Vacating Prior Memorandum Opinion and Order) On October 3, 2017, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on November 8,2017, the Court directed Plaintiff to pay an initial partial filing fee of $16.18 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11) days of the date of entry thereof. See 28 U.S.C. ยง 1915(b)(1). Because Plaintiff failed to pay the initial partial filing fee or otherwise respond, the Court dismissed the action without prejudice by Memorandum Opinion and Order entered on November 28, 2017. The following day, the Court received from Plaintiff his initial partial filing fee of $17.00. The postmark on the envelope that contained the fee was marked November 28, 2017. On December 6, 2017, the Court received a "Relief From Order Rule 60, (b)" motion. (ECF No. 11.) Because the motion was filed within twenty-eight (28) days of the Court's entry of the November 28,2017 Memorandum Opinion and Order, the Court Dockets.Justia.com
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