Awan v. Harmon et al

Filing 33

ORDER granting the plaintiff's 32 Motion to Accept Filing Fee Payment Nunc Pro Tunc. Because the plaintiff has now paid the filing fee, the 31 Findings, Conclusions, and Recommendation for dismissal are hereby VACATED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/24/2018) (mcrd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KHALID AWAN,
ID # 50959-956,
Plaintiff,
vs.
WARDEN D.J. HARMON, et al.,
Defendants.

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No. 3:17-CV-130-C

ORDER
By Special Order No. 3-251, this case has been automatically referred for full case
management. Before the Court is the plaintiff’s Motion to Accept Filing Fee Payment Nunc Pro
Tunc, received on September 21, 2018 (doc. 32). He essentially seeks leave to pay the filing fee
after the deadline of September 12, 2018, which was set by the order dated August 22, 2018
(doc. 30). He contends that the order was not mailed until September 4, 2018, and that he did
not receive it until September 11, 2018, because he is currently in Canada. He paid the filing fee
on September 21, 2018. (See doc. 32 at 1, 3, 5.) The motion is GRANTED.
On September 19, 2018, it was recommended that this action be dismissed under Fed. R.
Civ. P. 41(b) for failure to prosecute or comply with a court order because the plaintiff had failed
to pay the filing fee by September 12, 2018, as ordered. (See doc. 14.) Because the plaintiff has
now paid the filing fee, the findings, conclusions, and recommendation for dismissal are hereby
VACATED.
SO ORDERED this 24th day of September, 2018.

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IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE