Sivak

I. INTRODUCTION

11 This closed federal civil rights action was filed by Lacey Sivak, a state prisoner who is 12 representing himself. On February 5, 2024, the Court concluded that dismissal was merited 13 because Sivak failed to submit a timely application for leave to proceed in forma pauperis (“IFP”) 14 or pay the full filing by the twenty-eight-day deadline as set by the notice sent by the Clerk of the 15 Court on November 20, 2023. Dkt. 15 at 1. Sivak has filed a motion to reopen, which the Court 16 construes as a motion for relief from the Court’s February 5 Order under Rule 60(b) of the Federal 17 Rules of Civil Procedure. Dkt. 17. For the reasons outlined below, the Court determines that the 18 motion for relief should be GRANTED.

II. DISCUSSION

20 Where the district court’s ruling has resulted in a final judgment or order, a party make 21 seek relief from that final judgment or order under Rule 60(b). Rule 60(b) provides that a court 22 may grant the motion where one or more of the following is shown: (1) mistake, inadvertence, 23 surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not 24 have been discovered before the…