Case Information
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DOMINIQUE PIERRE LEONARD, $ TDCJ-CID 1615579, $ $ Petitioner, $ $ v. $ RICK THALER, $ $ Respondent. $
MEMORANDUM AND ORDER REINSTATING ACTION
This habeas corpus action was dismissed after Dominique Pierre Leonard, the petitioner, failed to respond to the court's order directing him to pay the filing fee or submit a properly supported application to proceed in forma pauperis no later than July 23, 2012. Leonard has submitted a letter (Docket Entry No. 10), which the court has construed as a Motion to Reinstate. Leonard alleges that his fiancé attempted to pay the filing fee but was unable to do so until the action was reinstated. He asserts that the funds will be available upon reinstatement.
Under Fed.R.Civ.P. 60 (b) (6), the court may relieve a party from a final judgment where such action is appropriate to accomplish justice. United States v. Nolder, 749 F.2d 1128, 1129 (5th Cir. 1984). Because Leonard is representing himself, and the court has not ruled on the merits of the petition, the court finds that the case should be reinstated. Leonard is advised that he must comply
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The respondent, having previously submitted the state court
records in this proceeding, shall file a dispositive motion within
forty (40) days after receipt of this order and forward a copy of
same to petitioner. Respondent is cautioned that under Rule 12(c).
Fed. R. Civ. P., if matters outside the pleadings are relied upon,
the respondent's motion shall be treated as a motion for summary
judgment and should be titled as such.
Leonard is ORDERED to file a response to any motion filed by the respondent, within thirty (30) days. Leonard's failure to file a response within thirty days shall result in dismissal of this action for want of prosecution under Rule 41 (b). Fed. R. Civ. P.
*3 Case 4:12-cv-01814 Document 11 Filed in TXSD on 09/14/12 Page 3 of 3
The Motion to Reinstate this proceeding (Docket Entry No. 10) is GRANTED.
The Clerk will provide copies to the parties, certified mail, return receipt requested or by electronic means.
SIGNED at Houston, Texas, on this day of September, 2012.
UNITED STATES DISTRICT JUDGE