Smith v. Lane et al

Filing 9

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 02/12/2015. (tjoh, )

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

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fcB 12 2015

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KYLE D. SMITH,

Plaintiff,
Civil Action No. 3:14CV613-HEH

LT. LANE, etal,
Defendants.

MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

On October 10,2014, the Court conditionally docketed Plaintiffs action. Plaintiff

requested leave to proceed informapauperis. By Memorandum Order entered on

January 9, 2015, the Court directed Plaintiff to pay an initial partial filing fee of $.72 or
state under penalty of perjury that he did not have sufficient assets to pay such a fee
within eleven (11) days of the date of entry thereof. See 28 U.S.C. § 1915(b)(1).
Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a
fee. Therefore, Plaintiff is not entitled to proceed informa pauperis. Plaintiffs disregard
of the Court's directives warrants dismissal of the action. Accordingly, the action will be

An appropriate Order will accompany this Memorandum Opinion.

WDate:^L1-2-70/1
Richmond, Virginia

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Henry E. Hudson
United States District Judge

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Richmond Division

dismissed without prejudice.

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