Poole v. Parker

Filing 10

MEMORANDUM OPINION & ORDER granting 8 Motion for Reconsideration, 8 Motion to Vacate. Signed by Chief Judge Thomas B. Russell on 07/18/2011. The Court will conduct initial review. cc:petitioner (CSD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL NO. 5:11-cv-00081
RAYFORD E. POOLE

PLAINTIFF

v.
PHILLIP PARKER

DEFENDANT
MEMORANDUM OPINION AND ORDER

Plaintiff has filed a motion for reconsideration of this Court’s Memorandum Opinion and
Order, both dated July 1, 2011, (DN 6, 7) dismissing this case. Plaintiff states that he paid the
required filing fee and therefore should not have had the case dismissed for failure to prosecute.
This Court has verified that the filing fee was paid and that an internal error prevented the
payment from reflecting on the docket sheet. Accordingly, dismissing the case was an error of
law and a manifest injustice. The motion for reconsideration is GRANTED (DN 8). The
Memorandum Opinion and Order dismissing the case are hereby VACATED (DN 6 and 7). The
Court will conduct an initial review of the habeas corpus action.

July 18, 2011