Martinez v. Allison et al

Filing 93

ORDER Vacating Dismissal Order (Docs. 90 & 91 ), signed by Chief Judge Ralph R. Beistline on 7/7/2015. (Fahrney, E)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RONALD F. MARTINEZ,
Case No. 1:11-cv-001749-RRB
Plaintiff,
ORDER VACATING
DISMISSAL ORDER

vs.
KATHLEEN ALLISON, Warden, et al.,
Defendants.

At Docket 92 Plaintiff Ronald F. Martinez has timely moved the Court to vacate the
Order and Judgment dismissing his action for failure to prosecute.1 This Court may grant
a party relief from a judgment for “mistake, inadvertence, surprise, or excusable neglect,”
or “any other reason that justifies relief.”2 In his motion Plaintiff establishes that the return
of the mail sent to Martinez was the result of an error on the part of the prison officials, not
Martinez. As a result, the Dismissal Order, based upon an apparent failure to keep the
Court apprised on his current address, was improvidently entered.
Accordingly, the Dismissal Order and Judgment thereon entered herein on June 17,
2015, at Dockets 90 and 91 are hereby VACATED.
IT IS SO ORDERED this 7th day of July, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

1

Dockets 90, 91.

2

Fed. R. Civ. P. 60(b).

ORDER VACATING DISMISSAL