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
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