Castro-Portocarrero v. Grondolsky
Filing
8
Judge F. Dennis Saylor, IV: ORDER entered granting 5 Motion for Reconsideration. (Castles, Martin)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
JULIAN CASTRO PORTOCARRERO,
Petitioner,
v.
JEFF GRONDOLSKY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
Civil No.
12-10198-FDS
ORDER
SAYLOR, J.
On February 1, 2012, Julian Castro Portocarrero, who is incarcerated at FMC Devens,
filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. On February 3, 2012,
Magistrate Judge Dein entered an order requiring the petitioner to pay the $5.00 filing fee or
seek leave to proceed in forma pauperis within 21 days of the date of the order. When the
petitioner failed to comply with the order, on March 9, 2012, the Court dismissed this action.
On March 22, 2012, the petitioner filed a motion for reconsideration (#5), in which he
asks the Court to reopen this case. He represents that he made a timely request to his case
manager to have funds released from his inmate account and forwarded to the Court for purposes
of satisfying the filing fee requirement. According to the petitioner, the funds were released on
February 9, 2012 but inexplicably returned to his account on March 10, 2012. The prison
account statement the petitioner submitted with the motion to reconsider is consistent with these
representations.
Because it appears that, through no fault of the petitioner, the filing fee was not paid, the
motion to reconsider (#5) is GRANTED. The Clerk shall reopen this case. The petitioner shall
have 35 days from the date of this order to pay the filing fee or move to proceed in forma
pauperis. Once the filing fee is resolved, the Court shall review the petition and determine
whether it will be served on the respondent. See 28 U.S.C. § 2243 (providing that, if “it appears
from the application [for a writ of habeas corpus] that the applicant . . . is not entitled [to the
writ],” the district court is not required to serve the petition on the respondent).
So Ordered.
/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge
Dated: June 27, 2012
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?