Cardenas v. U.S. Marshal Service

Filing 17

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/12/2015. Memorandum Opinion was mailed to Plaintiff. (sbea, )

"^1
IN THE
FOR THE

UNITED

STATES DISTRICT COURT

NOV I 3 2GI5

EASTERN DISTRICT OF VIRGINIA

Richmond Division

CLERK, U.S. niSTRICT COURT

RICHMOND. VA
JULIO C.

CARDENAS,

Plaintiff,
Civil Action No.

V.

U.S.

3:15CV192

MARSHAL SERVICE,
Defendant.

MEMORANDUM OPINION

By Memorandum
the

Court

Opinion

dismissed

the

and

entered

because

action

Order

Julio

to comply with the orders of this Court.
and Order entered on July 31,
Rule

the

59(e)

Motion,

action.

2015,

on
C.

June

9,

Cardenas

2015,
failed

By Memorandum Opinion

the Court granted Cardenas's

vacated the June 9,

2015 Order,

By Memorandum Order entered August

and reopened

20,

2015,

the

Court directed Cardenas to submit an initial partial filing fee
of $4 5.74 or state under penalty of perjury that he did not have
sufficient assets to pay such a
the

date

of

Memorandum

entry
Order

thereof.
entered

granted Cardenas a

fee within eleven

See
on

28

U.S.C.

September

16,

§

(11)

days of

1915(b)(1).
2015,

the

By
Court

thirty-day extension of time in which to pay

the initial partial filing fee.
More than thirty days have expired and Cardenas has neither

paid the

initial partial filing

pay such a

fee.

Therefore,

fee nor averred that he cannot

Cardenas is not entitled to proceed

in

forma

pauperis.

directives warrants

Cardenas's

dismissal

of

disregard

the

action.

of

the

Court's

Accordingly,

the

action will be dismissed without prejudice.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Cardenas.

/s/

Ag/

Robert E. Payne
Senior United States District Judge

Date:
Richmond, Virginia

T^