Cardenas v. U.S. Marshal Service

Filing 9

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/30/2015. Copy of Memorandum Opinion was mailed to Plaintiff. (sbea, )

JUL 3 I 2015
IN THE

FOR THE

UNITED

STATES

CLERK, U.S. niSTRICT COURT
RICh.MCIjP. VA

EASTERN DISTRICT OF VIRGINIA

Richmond Division

JULIO C.

CARDENAS,

Plaintiff,
Civil Action No.

V.

U.S.

3:15CV192

MARSHAL SERVICE,
Defendant.

MEMORANDUM OPINION

By Memorandum
the

Court

failed

Opinion

dismissed

Julio

and
C.

Order

entered

Cardenas's

to complete and return the ^

and consent

to

the

collection of

civil

on

June

action

9,

2015,

because

he

forma pauperis affidavit

fees

form

or pay

the

$400.00

filing fee.
On

June

18,

2015,

Cardenas

filed

a

Motion

for

Reconsideration that the Court construes as one brought pursuant
to Federal Rule of Civil Procedure 59(e).

ECF No.

7.)

Circuit

recognizes

"(1)
(2)

to
to

accommodate
account

to correct a
Hutchinson

(citing

("Rule 59(e)

The United States Court of Appeals

three

v.

for

an

grounds

clear error of
Staton,

Weyerhaeuser

for

intervening

new evidence

994

Corp.

not

relief

change

for the Fourth

under

in

available

Motion,"

Rule

59(e):

controlling
at

trial;

law;

or

(3)

law or prevent manifest

injustice."

F.2d

Cir.

1993)

Supp.

1406,

v.

u

DISTRICT COURT

1076,

Koppers

1081

Co.,

771

(4th

F.

1419

(D.

F.R.D.

Md.

625,

1991);

626

(S.D.

mailed both the ^
the
the

Court's

Because

Motion.

action.

forma
fees

Cardenas

Memorandum

demonstrates

The

that

injustice,

(ECF No.

pauperis

LeTourneau

Co. ,

claims

thirty days

experienced

7).

Clerk

130

that

he

his

Order.

the

the

Cardenas

with

reopening

of

his

of

also

mail.

the action

the Court will grant
9,

date

the Rule

2015 Memorandum Opinion

The Clerk will be directed to reopen

will

affidavit

of

problems

The June

and Order will be vacated.
the

1990)).

2015

has

will prevent manifest
59(e)

Marathon

form within

8,

he

Cardenas

Miss.

fees

April

that

v.

forma pauperis affidavit and the consent to

collection of

explains

Atkins

and

form attached

to

The

directed

be

directed

his

Rule

consent

59(e)

to

file

to

Cardenas's

in

the

collection

of

Motion.

(ECF No.

7-1,

at

2-4.)

Clerk

is

to

send

a

copy

of

the

Memorandum

Opinion to Cardenas.

l±L
Robert E. Payne
Senior United States District Judge

Richmond, Virginia