Johnson v. Pixley et al

Filing 12

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/08/2017. Copy mailed to Plaintiff. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

0

I,

K

DAN E. JOHNSON,
CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Plaintiff,

Civil Action No. 3:17CV634-HEH

V.

WARDEN PIXLEY, etai.
Defendants.
MEMORANDUM OPINION

(Vacating Prior Memorandum Opinion and Order)
On October 3, 2017, the Court conditionally docketed Plaintiffs action. Plaintiff

requested leave to proceed informa pauperis. By Memorandum Order entered on
November 8,2017, the Court directed Plaintiff to pay an initial partial filing fee of $16.18

or state under penalty of perjury that he did not have sufficient assets to pay such a fee
within eleven (11) days of the date of entry thereof. See 28 U.S.C. § 1915(b)(1).

Because Plaintiff failed to pay the initial partial filing fee or otherwise respond, the Court
dismissed the action without prejudice by Memorandum Opinion and Order entered on
November 28, 2017. The following day, the Court received from Plaintiff his initial
partial filing fee of $17.00. The postmark on the envelope that contained the fee was
marked November 28, 2017.

On December 6, 2017, the Court received a "Relief From Order Rule 60, (b)"

motion. (ECF No. 11.) Because the motion was filed within twenty-eight (28) days of
the Court's entry of the November 28,2017 Memorandum Opinion and Order, the Court