Craddock v. Fisher et al

Filing 17

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/12/12. Copy sent: Yes(tdai, )

IN THE UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ORILLION CRADDOCK,

Plaintiff,
Civil Action No.

v.

CLYD N.

FISHER,

3:12CV430

et al.,

Defendants.

MEMORANDUM OPINION

Plaintiff, Orillion Craddock, a federal prisoner proceeding
pro

se,

submitted

§ 1983.

this

civil

action

pursuant

to

42

By Memorandum Order entered August 20, 2012,

U.S.C.

the Court

directed Craddock to pay an initial partial filing fee of $31.83
or

state

under

penalty

of

perjury

that

he

did

sufficient assets to pay such a fee within eleven
the date of entry thereof.

See 28 U.S.C.

Craddock

the

had

neither

paid

initial

not

(11)

§ 1915(b)(1).

partial

averred that he could not pay such a fee,

filing

have

days of
Because

fee

nor

on October 5, 2012 the

Court dismissed the action without prejudice.
On

October

10,

2012,

the

Court

received

from

Craddock

a

letter informing the Court that he received the Court's August
20,

2012

Memorandum

inadvertently

was

Order

mailed

to

late

because

Craddock's

the

old

Memorandum

address.

Order

Craddock

notes that he updated his address with the Court in July.

With

his

letter,

Craddock

also

submits

the

full

initial

partial

filing fee.

The Fourth Circuit has recognized three grounds for relief

under Rule 59(e):

"(1)

controlling law;

at trial;

or

(2)

(3)

to

F.

Supp.

Co.,

1993)
1406,

130 F.R.D.

account

for new evidence not

available

to correct a clear error of law or prevent

manifest injustice."
(4th Cir.

to accommodate an intervening change in

Hutchinson v.

Staton,

(citing Weyerhaeuser Corp.

1419
625,

(D. Md.

994 F.2d 1076, 1081
v.

Koppers Co., 771

1991); Atkins v. Marathon LeTourneau

626 (S.D. Miss. 1990)).

Reviewing the Court's records the Court received Craddock's

change of address on July 23,

paid

the

full initial

2012.

partial

Moreover,

filing

fee.

Craddock has now

Thus,

manifest injustice, the Court will reopen the action.

to prevent
The Clerk

will be directed to process the initial partial filing fee.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Craddock.
An appropriate Order shall issue.

/s/

£l f

Robert E. Payne

Senior United States District Judge
Richmond, Virginia

Date: /SUe^bc ti*,i.i<^