Yarid v. Brennan

Filing 5

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 06/29/2015. Copy mailed to plaintiff on 6/29/2015.(tjoh, )

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

GEORGE YARID,
Plaintiff,

V.

Civil Action No. 3:15cv326

SHON BRENNON,
Defendant.
MEMORANDUM OPINION

This matter comes before the Court pursuant to the Court's Memorandum Opinion and

Order entered June 10, 2015. (ECF Nos. 2-3.) After granting Yarid leave to proceed in forma

pauperis, the Court found that Yarid failed to state a claim upon which reliefmay be granted and

dismissed his complaint without prejudice pursuant to 28 U.S.C. § 1915(e)(2).^ The Court
granted Yarid an opportunity to file an amended complaint, provided he did so within fourteen
(14) days of the entry of the Memorandum Opinion and Order. The Court warned Yarid that
failure to comply with the Court's directives would result in dismissal of this action.

^The statute reads, in pertinent part:
Notwithstanding any filing fee, or any portionthereof, that may have been paid,
the court shall dismiss the case at any time if the court determines that: (A) the
allegation of poverty is untrue; or (B) the action or appeal (i) is frivolous or
malicious; (ii) fails to statea claim on which reliefmaybe granted; or (iii) seeks
monetary relief against a defendant who is immune from such relief.
28 U.S.C. § 1915(e)(2).

Yarid has not complied with the instructions of this Court. Yarid has not filed an
amended complaint, and the time to do so has expired. Such inaction demonstrates a willful

failure to prosecute. See Fed. R. Civ. P. 41 (b).^ Accordingly, the Court will dismiss this action.
An appropriate Order will follow.
/s/

M. Hannal: ^

United States District Judge
Richmond, Virginia

^The rule states, in pertinent part:
(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply
with these rules or a court order, a defendant may move to dismiss the action or
any claim against it. Unless the dismissal order states otherwise, a dismissal under
this subdivision (b) and any dismissal not under this rule—except one for lack of

jurisdiction, improper venue, or failure to join a party under Rule 19—operates as
an adjudication on the merits.
Fed. R. Civ. P. 41(b).