Cardenas v. U.S. Marshal Service

Filing 5

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 6/8/15. Copy sent: Yes (tdai, )

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

lL

Richmond Division

JUN- 9 2015

JULIO C. CARDENAS,
ClERK. U.S. DISTRICT COURT
RICHMOND, VA

Plaintiff,

v.

Civil Action No. 3:15CV192

U.S. MARSHAL SERVICE,
Defendant.
MEMORANDUM OPINION
By Memorandum

Order

conditionally docketed
directed Julio C.

entered

this

on April

action.

At

8,

2015,

the

Court

that

time,

the

Court

Cardenas to submit a statement under oath or

penalty of perjury that:
(A}
(B)
(C)
(D)

Identifies the nature of the action;
States his belief that he is entitled to relief;
Avers that he is unable to prepay fees or give
security therefor; and,
Includes a statement of the assets he possesses.

See 28 U.S.C.

1915(a} (1}.

§

The Court provided Cardenas with an

in forma pauperis affidavit form for this purpose.
Additionally,

the

Court

directed

Cardenas

to

affirm

his

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

to

the

that

a

collection
failure

directives within thirty

to
(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.

Cardenas has

not

complied with

the

order of

this

Court.

Cardenas failed to return the in forma pauperis affidavit and
the consent to collection of fees form.

As a result,

not qualify for in forma pauperis status.

Furthermore,

he does
he has

not paid the statutory filing fee for the instant action.
28

u.s.c.

1914(a).

§

failure to prosecute.

Such

conduct

demonstrates

See Fed. R. Civ. P. 41(b).

a

See

willful

Accordingly,

this action will be dismissed without prejudice.
The

Clerk

is

directed

to

send a

copy of

the

Memorandum

Opinion to Cardenas.

/s/

flL/l

Robert E. Payne
Senior United States District Judge
Date:

~

Richmo~,-

1, Z6J>

Virginia

2