Opinion
Civil Action No. 07-cv-01300-ZLW.
October 29, 2007
ORDER GRANTING MOTION TO REINSTATE CASE
Mr. Garcia is in the custody of the Colorado Department of Corrections (DOC) and currently is incarcerated at the Centennial Correctional Facility in Canon City, Colorado. The matter before the Court is the "Response to Order of Dismissal and Motion to Reinstate Case" that Applicant William Garcia, a pro se litigant, filed with the Court on October 19, 2007, in the instant 28 U.S.C. § 2254 action. Applicant seeks reconsideration of the Order and the Judgment that were both entered on October 19, 2007.
This action was dismissed without prejudice because Mr. Garcia failed to cure the deficiencies identified in the June 20, 2007, Order within the time allowed. As an attachment to the October 19, 2007, Motion to Reinstate, Mr. Garcia, however, has submitted a copy of a DOC receipt indicating that on September 12, 2007, he submitted legal mail to DOC staff for filing in the instant action. Although the Court did not receive the documents needed to cure the deficiencies in the instant action until September 28, 2007, Applicant submitted the necessary documents for filing on September 12, 2007, and cured the deficiencies within the time allowed, based on Houston v. Lack , 487 U.S. 266 (1988). Therefore, the October 19, 2007, Motion to Reinstate will be granted. Accordingly, it is
ORDERED that Plaintiff's Motion to Reinstate, filed on October 19, 2007, is granted. It is
FURTHER ORDERED that the Order of Dismissal and the Judgment, both filed on September 20, 2007, are vacated. It is
FURTHER ORDERED that the Clerk of the Court is directed to reopen this action.