Marshall v. Emery et al
Filing
10
MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 8/23/13. Copy sent: Yes(tdai, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
JEFFREY A. MARSHALL,
Plaintiff,
v.
Civil Action No. 3:13CV04
WAYNE L. EMERY, et ah,
Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on March 12, 2013, the Court conditionally docketed
Plaintiffs civil 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 collection of fees form. The Court warned
Plaintiff that a failure to comply with the above directive within thirty (30) days of the date of
entry thereof would result in summary dismissal of the action.
On March 21, 2013, the United States Postal Service returned the March 12,2013
Memorandum Order to the Court marked, "RETURN TO SENDER," "NOT DELIVERABLE
AS ADDRESSED," and "UNABLE TO FORWARD." (ECFNo. 5.) On April 25, 2013,
Plaintiffnotified the Court of his updated address. Accordingly, the Clerk again sent the
Memorandum Order and consentto collection of fees form to Plaintiffs new address. On May
3, 2013, the Court received a letter from Plaintiff which acknowledgedhis receipt of the Court's
Memorandum Order and consent form, however, Plaintiff failed to return the consent to
collection of fees form. On June 6, 2013, the Court received a letter from Plaintiff, however,
Plaintiff again failed to return the consent form.
As Plaintiff has not complied withthe orders of this Court, 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. ยง 1914(a). Such conduct demonstrates 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.
James R. Spencer
United States District Judge
Richmond, Virginia
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