Jack v. Chapman et al

Filing 18

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 03/21/2017. Copy mailed to plaintiff. (tjoh, )

"Z]

IN THE
FOR THE

UNITED

STATES DISTRICT

EASTERN DISTRICT

2 i 201/

COURT

OF VIRGINIA

Richmond Division

JAMES L.

It.

CLE^K. U S

Y 7 ^ r-

JACK,

Plaintiff,
Civil Action No.

V.

MICHAEL L. CHAPMAN, ^

3:16CV316

al.,

Defendants.
MEMORANDUM OPINION

James L.
forma

Jack,

pauperis,

a Virginia inmate proceeding pro se and in

filed

this

42

U.S.C.

§

1983

action.

By

Memorandum Opinion and Order entered on September 15, 2016,

the

Court dismissed the action without prejudice because Jack failed

to comply with the Court's directive to pay an initial partial

filing fee or state under penalty of perjury that he did not
have sufficient assets to pay.

(ECF Nos.

7,

8.)

The same day

as his case was dismissed. Jack wrote to the Court and indicated
that he had been transferred to Wallens Ridge State Prison so he
did

not

receive

the

Memorandum

Order

and

lacked the money to pay.

(ECF No. 9.)

received the

the

because

it

action,

the

same

day as

appeared

that

Court

vacated

Court

Jack was
the

then

stated

that

he

Because the letter was

dismissed the

interested

September

and

in pursuing the

15,

Opinion and Order and continued processing

action,

the

2016

Memorandum

action.

{ECF

Nos.

10,

11.)

The Clerk,

however,

did not update Jack's address

to Wallens Ridge State Prison at that time.
By Memorandum Order entered on January 11,

2017,

the Court

directed Jack to file a particularized complaint within fourteen

days of the date of entry thereof.

{ECF No. 13.)

Because Jack

failed to file a particularized complaint, by Memorandum Opinion
and Order entered on February 9,
the action.

On

(ECF Nos.

March

9,

2017,

noting an appeal.
that

"he

did

14,

the Court again dismissed

15.)

the

(ECF No.

not

2017,

receive

Court

16.)

received

a

letter

from

Jack

In that letter Jack indicates

notice

to

file

a

particularized

complaint until after the time had expired because it was sent
to

River

North

transferred

to

(capitalization
February
extension

3,
of

Correctional

Wallens

Ctr.

Ridge

corrected).)

2017,
time

he
in

[and]

State
Jack

attempted
which

to

to
file

the

Plaintiff

Prison."
also
file

"motions

motion
to

that

5,

2,

at 1;

2017,

Letter 1.)

1
on

seek

for

support

his

claims" but that he sent the motion to the wrong address.
Ex.

been

(Letter

indicates
a

has

(Id.

Because Jack filed his Letter on March

within twenty-eight days of the Memorandum Opinion and

Order dismissing the action,

the Court construes this Letter as

a motion filed pursuant to Federal Rule of Civil Procedure 59(e)
("Rule 59(e)

Motion").

The United States Court of Appeals for the Fourth Circuit

recognizes three grounds for relief under Rule 59(e);
accommodate

an

account

for

correct

a

intervening

new

clear

Hutchinson

v,

change

evidence

error

Staton,

law

of

available

or

994

(D.

F.R.D.

Md.

625,

1991);

626

Atkins

(S.D.

prevent

F.2d

v.

Miss.

at

1076,

Koppers
v.

(2)

to

or

(3)

to

trial;

manifest

1081

Co.,

Marathon

1990)).

to

law;

controlling

not

(citing Weyerhaeuser Corp.
1419

in

'Ml)

(4th

771

injustice."
1993)

Supp.

F.

Cir.

1406,

LeTourneau

Co. ,

130

The Court construes Jack to

argue that reopening the action will prevent manifest injustice.
Because

the Clerk mailed the January 11,

directing

Jack

to

incorrect address,

The

February

vacated.

file

a

2017 Memorandum Order

particularized

complaint

the Court will grant the Rule

9,

2017

Memorandum

Opinion

and

to

59(e)

Order

the

Motion.

will

The Clerk will be directed to reopen the action.

be
The

Clerk will also be directed to update the docket to reflect that

Jack is now housed at Wallens Ridge State Prison.
Jack
within

will

be

fourteen

directed
(14)

Opinion and Order.
time,
2017

it

is

complaint prior

days

that

Order
to

file

of

the

a

particularized

entry

of

this

complaint
Memorandum

By Jack's own filing seeking an extension of

evident

Memorandum

to

he

received

directing

February 3,

him
2 017.

the
to

Court's

file

Thus,

a

January

11,

particularized

Jack has

than adequate time to file a particularized complaint,

had more

but as of

yet, has not done so.

Nevertheless, the Court affords Jack one

more opportunity to comply with its directives.
The

Clerk

is

directed

to

send a

copy of

this

Memorandum

Opinion to Jack.

/S/
.

Date: JU (Ja cA 7^ / /
Richmond, Virginia

Robert E.

I

fi£i^

Payne

Senior Oiited States District Judge