IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION

DARCELL KEMP TAYLOR §

VS. § CIVIL ACTION NO. 1:23cv217

CLEVELAND POLICE DEPARTMENT, §

ET AL.

MEMORANDUM OPINION AND ORDER

Plaintiff Darcell Kemp Taylor, an inmate formerly confined at the Beauregard Parish

Phelps Prison, proceeding pro se, brought the above-styled lawsuit.

Discussion

A final judgment was entered on July 10, 2023, dismissing the action for want of

prosecution. Plaintiff has filed a motion for reconsideration [Dkt. 12]. This memorandum

considers such motion.

Analysis

Plaintiff’s motion was filed within 28 days from the date the final judgment was entered. 

Accordingly, the motion will be considered under Rule 59 of the Federal Rules of Civil Procedure.

FED. R. CIV. P. 59 provides in pertinent part the following:

(a)(1) Grounds for New Trial. The court may, on motion, grant a new trial on all

or some of the issues - and to any party - as follows:

(A) after a jury trial, for any of reason for which a new trial has heretofore been

granted in an action at law in federal court; or 

(B) after a non jury trial, for any reason for which a rehearing has heretofore

been granted in a suit in equity in federal court. 

Case 1:23-cv-00217-MJT-CLS Document 13 Filed 12/28/23 Page 1 of 3 PageID #: 35
(2) Further Action After a Nonjury Trial. After a nonjury trial the court may, on

motion for a new trial, open the judgment if one has been entered, take additional

testimony, amend findings of fact and conclusions of law or make new ones, and

direct the entry of a new judgment.

(e) Motion to Alter or Amend Judgment. A motion to alter or amend a judgment

must be filed no later than 28 days after the entry of the judgment.

The above-styled action was dismissed for want of prosecution based on plaintiff’s failure

to provide the Court with a current address at which he may be contacted which resulted in the

Court’s order for plaintiff to pay an initial partial filing fee being returned to the Court as

undeliverable.

Plaintiff now asserts that his mail was intercepted and mishandled by prison staff. A review

of the file in this action reveals the order was sent to plaintiff at the address he provided the Court. 

Plaintiff, however, claims his mail and, therefore, the order was erroneously returned to the Court

unclaimed. 

After careful consideration of plaintiff’s motion and pro se prisoner status, the Court is of

the opinion that plaintiff should be provided an additional opportunity to comply with the order of

the Court. The Court will grant plaintiff an additional thirty days from the date of this order in which

to comply with the Court’s previous order to submit an initial partial filing fee of $6.75. Plaintiff

is reminded that he will thereafter be responsible for payment of the remainder of the $350.00 filing

fee.

ORDER

For the reasons set forth above, plaintiff should be granted another opportunity to prosecute

the above-styled lawsuit by paying the initial partial filing fee. Accordingly, it is

Case 1:23-cv-00217-MJT-CLS Document 13 Filed 12/28/23 Page 2 of 3 PageID #: 36
ORDERED that plaintiff’s motion for reconsideration is GRANTED to the extent he will be

afforded another opportunity to comply with the Court’s order to pay an initial partial filing fee. It

is therefore

ORDERED that plaintiff is GRANTED an extension of thirtydays from the date of this order

in which to submit an initial partial filing fee of $6.75, as ordered. If plaintiff timely complies with

this order, the above-styled action will be reinstated on the Court’s active docket. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 28th day of December, 2023.

Case 1:23-cv-00217-MJT-CLS Document 13 Filed 12/28/23 Page 3 of 3 PageID #: 37