Allen #208191 v. Schoenfeld

Filing 8

ORDER granting 5 plaintiff's motion for reconsideration; VACATING 4 Order of Dismissal, case is re-opened for further proceedings; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Allen #208191 v. Schoenfeld

Doc. 8

Case 1:07-cv-00128-RAE-ESC

Document 8

Filed 06/21/2007

Page 1 of 2

UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ROBERT ALLEN, Plaintiff, v. UNKNOWN SCHOENFELD, Defendant. ____________________________________/ ORDER This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. By Order entered February 21, 2007, the Court granted Plaintiff's request to proceed in forma pauperis and required Plaintiff to pay an initial partial filing fee of $16.72 pursuant to 28 U.S.C. § 1915(b)(1). The Court ordered that the initial partial filing fee be paid within thirty days, and warned Plaintiff that his case would be dismissed without prejudice should he fail to pay. The Court dismissed Plaintiff's action on April 6, 2007, for failure to pay the initial partial filing fee. Plaintiff subsequently filed a Motion for Reconsideration claiming that he had timely paid the initial partial filing fee. He provided documents showing that the funds were disbursed from his prisoner trust account and mailed to the Court. Upon investigation, the Court discovered that the initial partial filing fee was received on March 12, 2007, but the receipt was not recorded on the case docket. As a result, the Court was unaware that the funds had been received and dismissed Plaintiff's action. The receipt now has been docketed for March 12, 2007. Because Plaintiff's case Case No. 1:07-cv-128 Honorable Richard Alan Enslen

Dockets.Justia.com

Case 1:07-cv-00128-RAE-ESC

Document 8

Filed 06/21/2007

Page 2 of 2

was dismissed in error, the Court will granted Plaintiff's Motion for Reconsideration and vacate the Order of Dismissal. Therefore: IT IS HEREBY ORDERED that Plaintiff's Motion for Reconsideration (Dkt. No. 5) is GRANTED. IT IS FURTHER ORDERED that the Order of Dismissal (Dkt. No. 4) is VACATED and the case is re-opened for further proceedings. /s/ Richard Alan Enslen RICHARD ALAN ENSLEN SENIOR UNITED STATES DISTRICT JUDGE

DATED in Kalamazoo, MI: June 21, 2007

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