Hernandez v. Outlaw et al

Filing 11

ORDER granting motion for reconsideration 8 and denying the motion for leave to appeal ifp 10 ; reopening case; ordering plaintiff to amend his complaint as required by the September 18, 2009 order within 30 days of the date of this Order. Signed by Judge Brian S. Miller on 1/20/10. (bkp)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS HELENA DIVISION GERARDO HERNANDEZ, REG. #11205-031 v. CASE NO. 2:09cv00134 BSM/HLJ DEFENDANTS ORDER Plaintiff Gerardo Hernandez moves for reconsideration and for leave to appeal in forma pauperis [Doc. Nos. 8, 10]. The motion for reconsideration is granted and the motion for leave to appeal in forma pauperis is denied. Plaintiff moves to set aside the November 17, 2009 order dismissing his complaint. The dismissal order was granted due to plaintiff's failure to amend his complaint as directed by order dated September 18, 2009. Plaintiff asserts that he never received the order and was therefore unaware that there was a deadline to amend his complaint. Based upon these representations, plaintiff's motion for reconsideration is well-founded and should be granted. Plaintiff's motion for reconsideration [Doc. No. 8] is therefore granted and this case is hereby re-opened. Plaintiff is ordered to amend his complaint as required by the September 18, 2009 order within thirty days of the date of this order. Failure to comply will result in the dismissal without prejudice of plaintiff's complaint, pursuant to Local Rule 5.5(c)(2). Plaintiff's motion for leave to appeal in forma pauperis [Doc. No. 10] is hereby denied as moot. PLAINTIFF

TIMOTHY OUTLAW, et al.

IT IS SO ORDERED this 20th day of January, 2010.

__________________________________ UNITED STATES DISTRICT JUDGE

2