Opinion
Case No. 10-14711.
April 4, 2011
ORDER GRANTING PLAINTIFF'S MOTION TO RECONSIDER
Before the Court is the letter of Plaintiff Robert Childress, filed March 28, 2011 (Dkt. No. 11). The letter states in pertinent part as follows:
On March the 14, 2011, [the Court] adopted the Magistrate's Report and Recommendation and dismissed my complaint. I never received that report and a fair opportunity to respond to it. Please reconsider your decision in this matter and allow me the opportunity to respond.
(Letter at 1).
The Court notes that Plaintiff's address changed shortly after the Report and Recommendation was filed. (Dkt. No. 8). The proof of service on the Report and Recommendation indicates that it was mailed to Plaintiff at: Robert Lee Childress, Jr., #365065, Ryan Correctional Facility, 17600 Ryan Rd., Detroit, MI, 48212-1155 on January 11, 2011. However, on February 17, 2011, Plaintiff sent a letter to the Court indicating that his address had changed to: Mound Correctional Facility, 17601 Mound Road, Detroit, MI 48212.
Plaintiff's letter is construed as a Motion for Reconsideration pursuant to Federal Rule of Civil Procedure 60(b). Because plaintiff did not receive the Report and Recommendation, the Court will GRANT Plaintiff's Motion and permit Plaintiff to file objections to the Report and Recommendation within 30 days from the date of this Order. The Court will enclose a copy of the Report and Recommendation with this Order.
SO ORDERED.