Jacques v. Dobbs

Summary

The United States District Court for the Eastern District of California grants Plaintiff Michael E. Jacques’s motion to vacate and reopens the § 1983 action. The court construes the motion under Federal Rule of Civil Procedure 59(e), finds no clear evidence that Plaintiff’s inaccurate in forma pauperis application was submitted in bad faith, and requires payment of the $405 filing fee within 30 days.

Holdings

1. A motion to vacate filed within ten days after entry of judgment is treated as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), rather than as a Rule 60(b) motion.
2. Reconsideration was warranted because the record did not clearly establish that Plaintiff's misrepresentations in her IFP application were made in bad faith.
3. Although the court granted reconsideration and reopened the case, Plaintiff was required to pay the $405 filing fee because she had not made an adequate showing of indigency.

Questions Presented

1. Whether Plaintiff's motion to vacate and belated objections should be construed as a motion for reconsideration under Federal Rule of Civil Procedure 59(e).
2. Whether reconsideration was warranted because the prior dismissal rested on a finding that Plaintiff's IFP misrepresentations were made in bad faith.
3. Whether Plaintiff could proceed without prepaying the filing fee despite the court's finding that she had not adequately demonstrated indigency.

Disposition

other