Smith v. King, 1:17CV184-GHD-DAS. (2019)
Court: District Court, N.D. Mississippi
Number: infdco20190730833
Visitors: 7
Filed: Jul. 22, 2019
Latest Update: Jul. 22, 2019
Summary: ORDER GRANTING PETITIONER'S MOTIONS [28], [29], [30] TO REINSTATE CASE, CONSOLIDATING THIS CASE WITH SMITH V. KING, 1:19CV117-DMB-JMV GLEN H. DAVIDSON , Senior District Judge . This matter comes before the court on the motions [28], [29], [30] by the petitioner to reinstate his case, which the court dismissed [25] under Fed. R. Civ. P. 41(b) for failure to prosecute and failure to comply with an order from the court (because the court received returned mail from the petitioner's
Summary: ORDER GRANTING PETITIONER'S MOTIONS [28], [29], [30] TO REINSTATE CASE, CONSOLIDATING THIS CASE WITH SMITH V. KING, 1:19CV117-DMB-JMV GLEN H. DAVIDSON , Senior District Judge . This matter comes before the court on the motions [28], [29], [30] by the petitioner to reinstate his case, which the court dismissed [25] under Fed. R. Civ. P. 41(b) for failure to prosecute and failure to comply with an order from the court (because the court received returned mail from the petitioner's ..
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ORDER GRANTING PETITIONER'S MOTIONS [28], [29], [30] TO REINSTATE CASE, CONSOLIDATING THIS CASE WITH SMITH V. KING, 1:19CV117-DMB-JMV
GLEN H. DAVIDSON, Senior District Judge.
This matter comes before the court on the motions [28], [29], [30] by the petitioner to reinstate his case, which the court dismissed [25] under Fed. R. Civ. P. 41(b) for failure to prosecute and failure to comply with an order from the court (because the court received returned mail from the petitioner's last known address). The petitioner has since notified the court of his new address. As such, his motions [28], [29], [30] to reinstate his case are GRANTED. The Clerk of the Court is DIRECTED to reinstate this case to the court's active docket.
After the dismissal of this petition, Mr. Smith filed another one in this court involving the same conviction — Smith v. King, 1:19CV117-DMB-JMV. As the cases involve the same conviction and sentence, the Clerk of the Court is also DIRECTED to CONSOLIDATE the instant case with Smith v. King, 1:19CV117-DMB-JMV. As Mr. Smith was proceeding as a pauper in this case, the pending motion to proceed in forma pauperis in the other case is DISMISSED as moot. The State has already responded to the petition in this case, and now that the case is reinstated, the matter is ripe for decision.
SO ORDERED.
Source: Leagle
