Opinion
Civil Action No. 13-cv-00486-LTB
04-29-2013
RONALD JENNINGS FOGLE, Applicant, v. MICHAEL MILLER, Warden, Respondent.
ORDER REINSTATING ACTION
This matter is before the Court sua sponte. On April 4, 2013, the Court entered an order dismissing this action without prejudice because Applicant failed either to pay the filing fee or to file a properly supported motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Although the filing fee for this action was paid on March 4, 2013, that payment was not entered on the Court's docketing records until April 26, 2013. (See ECF No. 10.) Because it now appears that the filing fee for this action was paid in a timely manner, the Court finds that the interests of justice would be served by vacating the order dismissing this action. The case will be returned to the Pro Se Docket in accordance with the local rules for the District of Colorado. Accordingly, it is
ORDERED that the Order of Dismissal (ECF No. 5) and the Judgment (ECF No. 6) entered in this action on April 4, 2013, are VACATED. It is
FURTHER ORDERED that the clerk of the Court reinstate and return this action to the Pro Se Docket.
DATED at Denver, Colorado, this 29th day of April, 2013.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court