Opinion
HABEAS CORPUS 28 U.S.C. § 2241, CIVIL ACTION NO. 1:10-CV-3490-TWT-GGB.
February 28, 2011
ORDER and OPINION
By Order entered on February 4, 2011, this action was dismissed without prejudice based on Petitioner's failure to pay the required $5.00 filing fee. (Doc. Nos. 7, 8.) The matter is before the Court on Petitioner's February 16, 2011, payment of the filing fee, construed as a motion to reconsider and reopen this action. (2/16/2011 Docket Entry.) Petitioner's prison account statement indicates that he directed prison officials to pay the filing fee from his prison account in November of 2010, and that the delay was beyond Petitioner's control. (See Doc. No. 6, Attach.) Accordingly, it is ORDERED that Petitioner's construed motion to reconsider and reopen is GRANTED and this action is hereby REOPENED.
The Clerk of Court is DIRECTED to resubmit this action to the assigned Magistrate Judge for further proceedings. IT IS SO ORDERED and DIRECTED this 28 day of February, 2011.