Opinion
Misc. Case No. 2:05-mc-065.
February 2, 2006
ORDER
Plaintiff has moved to reconsider the dismissal of this miscellaneous action based upon his failure to receive a copy of this Court's order directing him to pay a filing fee or submit an application to proceed in forma pauperis.
Plaintiff was responsible in the first instance for determining if a fee was needed to file his complaint. His failure to receive the Court's deficiency order was caused by his failure to include his address on his complaint or any other paper he filed initially. Further, the dismissal of this miscellaneous case does not rule on the merits of his complaint. He is free to resubmit the complaint with an in forma pauperis application or the filing fee. For all these reasons, his motion to reconsider (#4) is DENIED.