Cherry v. Bourrows et al

Filing 4

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 11/19/12. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MAURICE J.A. CHERRY,

Plaintiff,
v.

Civil Action No. 3:12CV521

SERGEANT BOURROWS, et aL,
Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on July 25,2012, the Court conditionally docketed
Plaintiffs civil action. At that time, the Court directed Plaintiff to submit a statement under oath

or penalty of perjury that:

(A)
(B)
(C)
(D)

Identifies the nature of the action;
States his belief that he is entitled to relief;
Avers that he is unable to prepay fees or give security therefor; and,
Includes a statement of the assets he possesses.

See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an informa pauperis affidavit
form for this purpose.

Additionally, 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.

Plaintiffhas not complied with the orders of this Court. Plaintiff failed to return a

completed informa pauperis affidavit form and a consent to collection of fees form. As a result,
he does notqualify for informa pauperis status. Furthermore, he has not paid thestatutory filing
fee for the instant complaint. See 28 U.S.C. § 1914(a). Such 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/

John A. Gibney, Jr,
Date:

/t
Richmond}Virginia

United States DistricUucige