Defoor v. Dowell et al

Filing 41

ORDER granting 40 Notice (construed as a Motion to Re-Open by the Court filed by Mike James Defoor and directing the Clerk to re-open the case and the defts to file a reply to pltf's response to the pending summary judgment motion within 10 days of the date of this Order. Signed by Magistrate Judge Henry L. Jones, Jr on 1/26/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION MIKE JAMES DEFOOR, ADC #650699 v. RHONDA DOWELL, et al. ORDER By Memorandum and Order and Judgment dated January 21, 2010 (DE ##36, 37), this Court dismissed plaintiff's complaint for failure to respond to defendants' motion for summary judgment within the time provided by the Court's Order of December 14, 2009. On January 22, 2010, the Court received plaintiff's response to defendants' motion, together with a "Notice" stating that he had encountered difficulty in accessing his institutional law library. In light of such, the Court will construe plaintiff's "Notice" as a motion to re-open the case, and will grant the motion. Defendants will be provided an opportunity to file a reply to plaintiff's response to the summary judgment motion. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's "Notice", which this Court construes as a motion to re-open (DE #40), is GRANTED, and this matter is now re-opened. IT IS FURTHER ORDERED that defendants shall file a reply to plaintiff's response to the pending summary judgment motion, within ten days of the date of this Order.
IT IS SO ORDERED this 26th day of January, 2010.

PLAINTIFF 1:09CV00028HLJ DEFENDANTS

__________________________________ United States Magistrate Judge

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