Perkins v. Whaley, et al (INMATE 1)

Filing 25

ORDER granting 20 Motion for Relief from Judgment. The 17 Opinion and 18 Final Judgment entered on 12/17/2004 are VACATED. This case is referred back to the Magistrate Judge for further appropriate proceedings as warranted by this order. Signed by Judge Myron H. Thompson on 4/19/2005. (dmn)

Perkins v. Whaley, et al (INMATE 1)

Doc. 25

Case 2:02-cv-01369-MHT-DRB

Document 25

Filed 04/19/2005

Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE M IDDLE DISTRICT OF ALABAM A NORT HERN DIVISION CHARLES PERKINS, AIS #169906, Plaint iff, v. PAUL WHALEY, Defendant . ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:02-CV-1369-T (WO)

O RDER ON MOTION On November 22, 2004, the M agist rat e Judge entered a Recommendation that this case be dismissed due to the plaintiff's failure to provide the court with his correct address. The plaintiff filed no objections to the Recommendation. The court therefore adopted the Recommendation and ent ered judgment on December 17, 2005. On M arch 9, 2005, the plaintiff filed a motion for relief from judgment in which he argues t hat he provided the court with a correct address prior to entry of the Recommendation and that the Clerk erred in failing to note his change of address. Specifically, Perkins maintains that letters he mailed to the Clerk in August of 2004 "had plaintiff's address of Bibb County [Correctional Facility] on the letter head and ret u r n address." Plaintiff's Motion for Relief from Judgment at 2. The evident iary materials submitted by the plaintiff support this assertion. See Amendment to Motion for Relief from Judgment - Exhibits B and C. The order of procedure entered in this case merely direct s the plaintiff to notify the court of any change in his address and no particular type of notice

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Case 2:02-cv-01369-MHT-DRB

Document 25

Filed 04/19/2005

Page 2 of 2

is required by this order. See Order of December 23, 2002 - Court Doc. No. 3 at 3. M oreover, the Clerk routinely utilizes both return addresses on envelopes and addresses contained in corresp ondence to change addresses provided by inmates. However, the Clerk apparently failed to t ake such action in this case. Accordingly, it is ORDERED that: 1. The plaintiff's motion for relief from judgment (Court Doc. No. 20) be and is hereby GRANT ED. 2. The Opinion (Court Doc. No. 17) and Final Judgment (Court Doc. No. 18) entered in this case on December 17, 2004 be and are hereby VACATED. 3. This case be referred back to the M agist rat e Judge for further appropriate proceedings as warrant ed by this order. Done, this the 19th day of April, 2005.

/s/ M y ron H. Thompson UNITED STATES DISTRICT JUDGE