Lewis v. United States of America, Inc et al

Filing 14

MEMORANDUM OPINION AND ORDER. The court is of the opinion that the Motion for Reconsideration # 12 sets forth a meritorious ground warranting relief from judgment. The Clerk of Court is directed to reinstate the case on the Court's active docket. Signed by Judge Marcia A. Crone on 8/1/14. (mrp, )

UNITED STATES DISTRICT COURT
DERRICK D. LEWIS,
Plaintiff,
versus
UNITED STATES OF AMERICA, INC.,
et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:12-CV-391

MEMORANDUM OPINION AND ORDER
Plaintiff Derrick D. Lewis, an inmate formerly confined at the Federal Correctional
Complex in Beaumont, Texas, proceeding pro se, brought this lawsuit against the United States
of America and prison officials.
Discussion
A final judgment was entered on April 30, 2013, dismissing the above-styled action for
want of prosecution based on mail being returned to the Court and Plaintiff’s failure to update
his address. Plaintiff has filed a motion for reconsideration (docket entry no. 12). This
memorandum considers such motion.
Analysis
Rule 60(b), FED. R. CIV. P., provides in pertinent part:
On motion and just terms, the court may relieve a party or its legal
representative from a final judgment, order, or proceeding for the following
reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly
discovered evidence that, with reasonable diligence, could not have been
discovered in time to move for a new trial under Rule 59(b); (3) fraud ...,
misrepresentation, or misconduct by an opposing party; (4) the judgment is
void; (5) the judgment has been satisfied, released, or discharged; it is based on
an earlier judgment that has been reversed or vacated; or applying it
prospectively is no longer equitable; or (6) any other reason that justifies relief.
Plaintiff asserts that his mail was returned to the Court by prison officials in error
because he has remained confined in the Bureau of Prisons.

After careful consideration of Plaintiff’s motion, the court is of the opinion that the motion
sets forth a meritorious ground warranting relief from the judgment. Accordingly, Plaintiff’s
motion for reconsideration should be granted.
ORDER
For the reasons set forth above, Plaintiff’s motion for reconsideration should be granted.
It is therefore
ORDERED that Plaintiff’s motion is GRANTED. The Clerk of Court is DIRECTED
to reinstate the above-styled action on the Court’s active docket.
Signed this date.
Aug 1, 2014

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