Boyd v. Montgomery et al
Filing
8
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 10/1/12. Copy sent: Yes(tdai, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
SAMUEL BOYD,
Plaintiff,
Civil Action No. 3:12CV349
v.
VICKI MONTGOMERY, et aL,
Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on May 21, 2012, the Court conditionally docketed
Plaintiffs action. At that time, the Court directed Plaintiff to affirm his intention to pay the full
filing fee by signing and returning a consent to the collection of fees form. The Court warned
Plaintiff that a failure to comply with either of the above directives within thirty (30) days of the
date of entry thereof would result in summary dismissal of the action.
Plaintiff has not complied with the Court's order to return a consent to collection of fees
form. As a result, he does not qualify for informa pauperis status. Furthermore, he has not paid
the statutory filing fee for the instant complaint. See 28 U.S.C. § 1914(a). Plaintiffs actions
demonstrate a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action
will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall accompany this Memorandum Opinion.
/S/
Date:
/»/'/ n
Richmond, Virginia
JohnA. GibnQyJr.
United States Dlstncl/Judge
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