Owens v. Stolle et al

Filing 6

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 3/4/13. Copy sent: Yes(tdai, )

IN THE UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

JOESUPHUS OWENS,

Plaintiff,
v.

Civil Action No.

KEN STOLLE,

3:12CV522

et al. ,

Defendants.

MEMORANDUM OPINION

By

Memorandum Order

conditionally docketed
time,

the Court

entered on

this

42

August

U.S.C.

directed Joesuphus

§

Owens

16,

1983
to

2012,

the Court

action.
submit

a

At

that

statement

under oath or penalty of perjury that:
(A)
(B)

Identifies the nature of the action;
States his belief that he is entitled to relief;

(C)

Avers that he is unable to prepay fees or give
security therefor; and,
Includes a statement of the assets he possesses.

(D)

See 28 U.S.C.
forma

§ 1915(a)(1).

pauperis

warned

Owens

affidavit

that

a

The Court provided Owens with an in
form

failure

affidavit within thirty

(30)

to

for

this

return

purpose.

the

in

The

forma

Court

pauperis

days of the date of entry thereof

would result in summary dismissal of the action.
Owens has not complied with the order of this Court.

Owens

failed to return the in forma pauperis affidavit.

As a result,

he does not qualify for in forma pauperis status.

Furthermore,

he has not paid the statutory filing fee for the instant action.

See

28

U.S.C.

§

1914(a).

failure to prosecute.

Such

See Fed.

conduct

R. Civ.

demonstrates

P. 41(b).

a

willful

Accordingly,

this action will be dismissed without prejudice.

The Clerk is DIRECTED to send a copy of the Memorandum
Opinion to Owens.

/s/

Atfi

Robert E. Payne

Senior United States District Judge

Date: /%*,<& ^(Tpi)
Richmond, Virginia