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, )

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"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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