Opinion
No. C 11-03012 EJD (PR).
October 12, 2011
ORDER GRANTING MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND REOPENING CASE
Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2011, the Court dismissed the instant action for failure to pay the filing fee or file an in forma pauperis ("IFP") application. (See Docket No. 3.)
On August 24, 2011, Plaintiff filed a letter asserting that he sent the IFP application to prison officials for processing in a timely manner, and that he should not be penalized for the delay caused by prison officials. (Docket No. 6.) Plaintiff also filed a complete IFP application. (Docket No. 7.) The Court will construe the letter as a motion for reconsideration. Good cause appearing, the motion is GRANTED. Accordingly, the Judgment entered on August 11, 2011, (Docket No. 4) is VACATED. The Court will conduct an initial screening of the complaint in a separate order.
The Clerk shall reopen the file.