Opinion
21-06844 BLF (PR)
12-13-2021
CHRISTOPHER N. WASHINGTON, Plaintiff, v. WARDEN SVSP, et al., Defendants.
ORDER GRANTING MOTION FOR RECONSIDERATION AND REOPENING ACTION; VACATING JUDGMENT; DIRECTING PLAINTIFF TO FILE IN FORMA PAUPERIS APPLICATION; INSTRUCTIONS TO CLERK (Docket Nos. 10, 12)
BETH LABSON FREEMAN United States District Judge
Plaintiff, a state inmate, filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On November 12, 2021, the Court dismissed the complaint for failure to pay the filing fee because Plaintiff did not respond to the Clerk's notice directing him to file a complete in forma pauperis (“IFP”) application; judgment was entered the same day. Dkt. Nos. 8, 9.
Plaintiff has filed an application for administrative relief, Dkt. No. 10, and a motion for reconsideration, Dkt. No. 12. Plaintiff asserts that he was transferred to another prison in September 2021, and filed notice of change of address with the Court but heard nothing. Dkt. No. 12 at 1. The Court notes that there is no record of a notice of change of address being filed during the time indicated by Plaintiff. Nevertheless, in the interest of justice, the Court will grant Plaintiff's motion for reconsideration and reopen this action.
Accordingly, the Judgment entered on November 12, 2021, Dkt. No. 9 is VACATED. Plaintiff shall file a complete IFP application no later than twenty-eight (28) days from the date this order is filed.
The Clerk shall enclose a copy of the court's form IFP application and a copy of Plaintiffs complaint and attachments thereto, Dkt. Nos. 1, 2.
This order terminates Docket Nos. 10 and 12.
The Clerk shall reopen the file.
IT IS SO ORDERED.