Rich v. Booth et al

Filing 6

MEMORANDUM OPINION as to Mitchell D. Rich. Signed by District Judge Henry E. Hudson on 1/9/2015. (sbea, )

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IN THE UNITED STATES DISTRICT COURT

JAN - 9 2015

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLbHK U.S. DISTRICT COURT
RICHri/iOMD. VA

MITCHELL D. RICH,

Plaintiff,
Civil Action No. 3:14CV749-HEH

V.

CAPTAIN BOOTH, etal..
Defendants.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

By Memorandum Order entered on November 25, 2014, the Court conditionally
docketed Plaintiffs action. 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.
Plaintiff has not complied with the order of this Court. Plaintiff failed to return 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. § 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.

/s/
HENRY E. HUDSON
Date:

Richmond, Virginia

UNITED STATES DISTRICT JUDGE