X et al v. Everett et al

Filing 34

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 01/30/2014. Copies mailed: yes.(tjoh, )

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

Richmond Division

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JAN 3 I

| clerk.u^districtcourt

RAHEEM S. AL-AZIM, et aL,
Plaintiffs,

v

Civil Action No. 3:12CV739

J. EVERETT,*?/a/.,
Defendants.

MEMORANDUM OPINION

The Court received a 42 U.S.C. § 19831 complaint from Virginia inmates Johnathan Lee

X Smith ("Mr. Smith"),2 Raheem S. Al-Azim, Charles X, Victor X, Cedrick X, and Trible X. By
Memorandum Opinion and Order entered on June 24, 2013, the Court dismissed Mr. Smith as a

party to the present action. (ECF Nos. 7-8.) On July 1, 2013, the Court dismissed Trible Xas a
party to the action pursuant to a request for that action by Trible X. (ECF No. 9.) By
Memorandum Opinion and Order entered on October 21, 2013, the Court dismissed Cedric X as

a party to the action and denied the requests ofAl-Azim, Charles X, and Victor X(hereinafter
"Plaintiffs") to proceed informa pauperis and directed Plaintiffs to submit the $350.00 filing fee
within fifteen (15) days ofthe date of entry thereof. Thereafter, byMemorandum Order entered

1That statute provides, in pertinent part:

Every person who, under color of any statute ... of any State .. . subjects,
or causes to be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law....

42 U.S.C. § 1983.

2Although Mr. Smith omitted his last name from his current submissions, for ease of
reference the Courtemploys that name when referring to Mr. Smith.

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on January 3, 2014, the Court granted Plaintiffs an extension offifteen (15) days from the date of
entry thereofto submit the full filing fee.

More than fifteen (15) days have elapsed since the entry of the January 3, 2014

Memorandum Order and Plaintiffs have not submitted the full filing fee.3 Accordingly, the
action will be DISMISSED WITHOUT PREJUDICE. Plaintiffs' Motion to Amend (ECF No.

29) and Motion to Dismiss Claims 5-6 and 8-11 (ECF No. 13) will DENIED AS MOOT.
An appropriate Final Order will accompany this Memorandum Opinion.

Date:/-?*-*^
Richmond, Virginia

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United States District Judge

3On January 16, 2014, theCourt received a check for $116.00 from Victor X. On
January 24, 2014, the Court received a $117.00 check from Al-Azim.