Ailsworth v. Berkebile

Filing 11

ORDER Vacating 7 Order of Dismissal and 8 Judgment by Judge Lewis T. Babcock on 10/23/13. 9 MOTION for issuance of a writ of habeas corpus is denied. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02211-LTB
JESSIE AILSWORTH, JR.,
Applicant,
v.
D. BERKEBILE, F.P.C. Florence,
Defendant.

ORDER VACATING ORDER OF DISMISSAL

This matter is before the Court on the motion for issuance of a writ of habeas
corpus (ECF No. 9) that Applicant, Jessie Ailsworth, Jr., filed pro se on October 18,
2013, in which he alleges he paid the $5.00 filing fee in this matter.
The instant action was dismissed without prejudice on October 16, 2013 (ECF
No. 7), for failure to pay the $5.00 filing fee or submit on the proper, Court-approved
form a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action. It has come to the Court’s attention that the $5.00
filing fee was paid on September 3, 2013, but not docketed until October 21, 2013. See
ECF No. 10.
Therefore, the dismissal order (ECF No. 7) and judgment (ECF No. 8) will be
vacated. The clerk of the Court will be directed to return this action to the pro se docket.
The motion for issuance of a writ of habeas corpus filed on October 18 will be denied
as premature.

Accordingly, it is
ORDERED that the Order of Dismissal (ECF No. 7) and Judgment (ECF No. 8)
entered in this action on October 16, 2013, are vacated. It is
FURTHER ORDERED that the clerk of the Court is directed to return this action
to the pro se docket. It is
FURTHER ORDERED that the motion for issuance of a writ of habeas corpus
filed on October 18 (ECF No. 9) is denied as premature.
DATED at Denver, Colorado, this 23rd

day of

October

, 2013.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

2