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)

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