McCarter v. Nutter
Filing
9
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 08/18/2014. (tjoh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ERIC C. McCARTER,
Plaintiff,
v.
Civil Action No. 3:14CV356
T.L. NUTTER,
Defendant.
MEMORANDUM OPINION
By Memorandum Order entered on May 28, 2014, 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 either of the above directives within thirty (30) days of the
date of entry thereof would result in summary dismissal of the action.1
Plaintiff has not complied with the order of this Court.
Plaintiff failed to return a
completed consent to collection of fees form. 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. ยง 1914(a). Such conduct demonstrates a willful failure to prosecute. See Fed. R. Civ.
1On June 4, 2014, the Court received the May 28, 2014 Memorandum Order marked
"RETURN TO SENDER." On June 5, 2014, the Court received a change of address from
Plaintiff and the Clerk remailed the May 28, 2014 Memorandum Order and forms to Plaintiff
that day. On July 28, 2014, the Court received a motion to withdraw the action. On August 4,
2014, Plaintiff changed his mind and asked the Court to ignore his motion to withdraw and
continue the action "[i]f [he] can still proceed in forma pauperis." (ECF No. 8, at 1.)
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