Winston v. Unknown

Filing 6

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/18/14. Copy sent: Yes (tdai, )

IN THE UNITED

FOR THE

STATES

DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

MONTE D. WINSTON,

Plaintiff,
v.

Civil Action No.

3:14CV460

UNKNOWN,
Defendant.

MEMORANDUM OPINION

By

Memorandum

conditionally
directed

Order

docketed

Monte

D.

entered

this

Winston

on

June

30,

2014,

the

Court

At

that

time,

the

Court

action.

to

submit

a

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.

§ 1915(a)(1).

The Court provided Winston with an

in forma pauperis affidavit form for this purpose.
Additionally,

the

Court

directed

Winston

to

affirm

his

intention to pay the full filing fee by signing and returning a
consent

to

the

Winston

that

a

collection

failure

to

directives within thirty (30)

of

fees

comply

form.

with

The

either

Court

of

the

warned

above

days of the date of entry thereof

would result in summary dismissal of the action.

Winston

has

not

complied

with

the

order

of

this

Court.

Winston failed to return the in forma pauperis affidavit and the

consent to collection of fees form.1
qualify for in

forma pauperis

paid the

statutory

filing

U.S.C.

1914(a).

Such

to

§

prosecute.

See

Fed.

status.

fee

instant

demonstrates

Civ.

P.

he does not

Furthermore,

for the

conduct

R.

As a result,

41{b).

he

has

action.

a

not

See

willful

28

failure

Accordingly,

this

action will be dismissed without prejudice.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Winston.

is!

ftl/

Robert E. Payne
Senior United States District Judge

Date: IZuAsiAJ) }tf/Tfi/U-

Richmond, Virginia'

1 Instead of following the Court's directives in the June
30,

2014

Memorandum

Order,

Winston

wrote

a

letter

to

the

Court

seeking
legal
advice
about
the
Court's
statement
that the
conditional filing of his action would have no impact on his
state
action.
The
Court
will
not
provide
legal
advice,
interpret its orders, or discuss its orders with Winston.