Wideman v. Abercrombie et al

Filing 9

ORDER GRANTING RECONSIDERATION AND VACATING JUDGMENT re 8 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/13/13. " Plaintiff is ORDERED to submit: (1) the full civil filing fee of $400; or (2) a fully completed IFP applic ation showing that he is a pauper within the meaning of 28 U.S.C. § 1915. Regardless of whether Plaintiff selects (1) or (2), Plaintiff is ORDERED to also submit (3) an amended complaint curing the deficiencies noted in the Order Dismissing C omplaint filed on March 6, 2013. Either (1) or (2), as well as (3) must be submitted on or before June 3, 2013. Failure to satisfy this Order will result in dismissal of this action without prejudice. The Clerk SHALL send Plaintiff copies of the o riginal Complaint, ECF No. 1; the Order Denying In Forma Pauperis, ECF No. 4; the Order Dismissing Complaint, ECF No. 5; and the court's in forma pauperis application and prisoner civil rights complaint form, so that Plaintiff can comply with this Order." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Lonnell Reginald Wideman served by first class mail at the address of record on May 14, 2013. Pursuant to this order, the following documents were included in the mailing to Mr. Wideman: 1)ECF No. 1 a copy of the original complaint; 2 ) ECF No 4 the Order Denying In Forma Pauperis; 3) ECF No. 5 the Order Dismissing Complaint; 4) the court's "Application to Proceed In Forma Pauperis by a Prisoner and its instructions and 5) the court's "Prisoner Civil Rights Complaint" form and its instructions.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
) CIV. NO. 13-00081 SOM/BMK
)
)
) ORDER GRANTING RECONSIDERATION
Plaintiff,
) AND VACATING JUDGMENT
vs.
)
)
)
)
NEIL ABERCROMBIE, et al.,
)
)
Defendants.
______________________________ )
LONNELL REGINALD WIDEMAN,
#A0180563,

ORDER GRANTING RECONSIDERATION
AND VACATING JUDGMENT
Before the court is Plaintiff’s motion for
reconsideration of the order dismissing this action, entered on
April 15, 2013.

See Order, ECF No. 6 (dismissing action with

prejudice pursuant to Fed. R. Civ. P. 41(b), for Plaintiff’s
failure to file an amended complaint curing the deficiencies
noted in the original complaint or to submit a complete in forma
pauperis (IFP) application or civil filing fee).

Plaintiff

argues that he was confused by the orders dismissing his
complaint and denying his IFP application.

See Order Denying In

Forma Pauperis, ECF No. 4 (Feb. 27, 2013); Order Dismissing
Compl., ECF No. 5 (Mar. 6, 2013).

Plaintiff also complains that

he was never sent an endorsed copy of the original complaint,
making it difficult for him to amend his claims.

Plaintiff seeks

leave “to amend complaint as he is able to and or impose other

sanctions includ[ing] warning or dismissal without prejudice.”
Mot. for Reconsideration, ECF No. 8 PageID #52.
I.

DISCUSSION

On February 27, 2013, the court denied Plaintiff’s IFP
application and notified him to pay the civil filing fee or
submit a complete IFP application on court-approved forms on or
before March 26, 2013.

Order, ECF No. 4.

Plaintiff does not

explain why he failed to do either.
On March 6, 2013, the court dismissed Plaintiff’s
complaint for failure to state a claim pursuant to 28 U.S.C.
§ 1915(e)(2) and § 1915A(b)(1), with leave to amend on or before
April 2, 2013.

Order, ECF No. 5.

Plaintiff alleges that the

Order confused him because it referred to his currently pending
state proceedings, and he requires a copy of the original
complaint to properly amend his claims.
On April 15, 2013, after receiving neither a filing
fee, fully completed IFP application, amended complaint, nor
other communication from Plaintiff, the court dismissed the
action.

Finding that Plaintiff’s failure to follow the court’s

previous orders indicated that he was unable to amend his
complaint and therefore chose not to pay the filing fee or submit
an IFP application, the court dismissed the action with
prejudice.

See Order, ECF No. 6.

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In light of Plaintiff’s representation that he was
confused by the court’s orders and failure to receive a copy of
his original Complaint, the court VACATES judgment.

Plaintiff is

ORDERED to submit: (1) the full civil filing fee of $400; or (2)
a fully completed IFP application showing that he is a pauper
within the meaning of 28 U.S.C. § 1915.

Regardless of whether

Plaintiff selects (1) or (2), Plaintiff is ORDERED to also submit
(3) an amended complaint curing the deficiencies noted in the
Order Dismissing Complaint filed on March 6, 2013.

Either (1) or

(2), as well as (3) must be submitted on or before June 3, 2013.
Failure to satisfy this Order will result in dismissal of this
action without prejudice.
The Clerk SHALL send Plaintiff copies of the original
Complaint, ECF No. 1; the Order Denying In Forma Pauperis, ECF
No. 4; the Order Dismissing Complaint, ECF No. 5; and the court’s
in forma pauperis application and prisoner civil rights complaint
form, so that Plaintiff can comply with this Order.

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IT IS SO ORDERED.
DATED: Honolulu, Hawaii, May 13, 2013.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Wideman v. Abercrombie, et al., Civ. No. 13-00081 SOM/BMK; G:\docs\prose
attys\Recon\DMP\2013\Wideman 13-81 som (grt, dsm w out prej.).wpd

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