Tippens v. Clarke et al

Filing 22

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 5/16/13. Copy sent: Yes(tdai, )

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

ROBERT EARL TIPPENS, JR.

Plaintiff,
Civil Action No. 3:12CV688-HEH

v.

HAROLD CLARKE, etai,
Defendants.

MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

On November 5, 2012, the Court conditionally docketed Plaintiffs action.

Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered

on February 19, 2013, the Court directed Plaintiff to pay an initial partial filing fee of

$36.03 or state underpenalty of perjury that he did not have sufficient assets to pay such
a fee within eleven (11) days of the date of entry thereof. See 28 U.S.C. § 1915(b)(1).

Plaintiffhas neither paid the initial partial filing fee nor averred that he cannot pay such a
fee. Therefore, Plaintiffis not entitled to proceed informa pauperis. Plaintiffs disregard
ofthe Court's directive warrants dismissal of the action. Accordingly, the action will be
dismissed without prejudice.

The Clerk is DIRECTED to send a copy of the Memorandum Opinion to Plaintiff.
It is so ORDERED.

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Date: fl/lfti \LfiWl
Richmond, Virginia
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/s/

HENRY E. HUDSON

UNITED STATES DISTRICT JUDGE