Carter v. Owens et al
Filing
5
MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 11/06/2014. (tjoh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
LEONARD CARTER, JR.,
)
Plaintiff,
Civil Action No. 3T4CV577-HEH
v.
REBECCA OWENS, et ai,
Defendants.
)
MEMORANDUM OPINION
(Dismissing Civil Rights Action Without Prejudice)
By Memorandum Order entered on August 29, 2014, the Court conditionally
docketed Plaintiffs action. The Court directed Plaintiff to return his informa pauperis
affidavit and affirm his intention to pay the full filing fee by signing and returning a
consent to the 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.
Plaintiff has not complied with the order of this Court. Plaintiff failed to return the
informa pauperis affidavit and the consent to collection of fees form. As a result, he
does not qualify for informa 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 issue.
W
1st
HENRY E. HUDSON
Date: flatf C 26/V
Richmond. Virginia
UNITED STATES DISTRICT JUDGE
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