Gray v. McClure et al

Filing 9

ORDER vacating 8 Order of Dismissal and directing the Clerk to reopen this case. Signed by Honorable Susan O. Hickey on August 5, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KELVIN GRAY v. PLAINTIFF Civil No. 4:16-cv-04021 SERGEANT McCLURE; SERGEANT D. FLOYD, Maintenance; SHERIFF RON STOVALL, Miller County, Arkansas; WARDEN M. BRAZELL; SERGEANT M. MOON; and L. MAULDIN, Kitchen Supervisor DEFENDANTS ORDER On March 4, 2016, Plaintiff Kelvin Gray filed his Complaint pro se in this matter. ECF No. 1. He also submitted an in forma pauperis (“IFP”) application that same day. ECF No. 2. On March 14, 2016, the Court denied the IFP application. ECF No. 5. Plaintiff was given until March 28, 2016, to pay the filing fee of $400.00. The Court informed Plaintiff that if he failed to pay the fee by the deadline, this case would be dismissed without prejudice. ECF No. 5. Plaintiff’s filing fee was received by the Court on March 24, 2016. Because of a clerical error, however, the payment was not entered on the Court’s docket until July 25, 2016. Unaware that the filing fee had been paid, the Court had dismissed Plaintiff’s Complaint without prejudice on July 14, 2016. ECF No. 8. The case was then closed. Because the case was dismissed and closed in error, the Court VACATES its Order of Dismissal filed July 14, 2016 (ECF No. 8.) and DIRECTS the Clerk to reopen this case. The Court will proceed with preservice screening of Plaintiff’s Complaint in accordance with the Prison Litigation Reform Act. IT IS SO ORDERED, this 5th day of August, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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