Rivadeneira v. Department of Homeland Security (D.H.S.) et al

Filing 3

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 08/19/2015. Copy mailed to plaintiff on 8/19/2015.(tjoh, )

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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«UG 1 9 2015
RiCHMOND, VA

Plaintiff,
Civil Action No. 3:15CV366

DEPARTMENT OF HOMELAND SECURITY (D.H.S.), et aL,
Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on July 13,2015, the Court conditionally docketed
Plaintiffs civil action. At that time, the Court directed Plaintiff to submit a statement under oath
or penalty of perjury that:
(A)
(B)

Identifies the nature of the action;
States his belief that he is entitled to relief;

(C)
(D)

Avers that he is unable to prepayfees or give security therefor; and,
Includes a statement of the assets he possesses.

See 28 U.S.C. § 1915(a)(1). The Courtprovided Plaintiffwith an informa pauperis affidavit
form for this purpose.

Additionally, the Court directed Plaintiffto affirm his intention to pay the full filing fee

by signing andreturning a consent to the 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.

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CLI RK U.S. DISTRICT CUUHT

FELIX GUZMAN RIVADENEIRA,

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Plaintiffhas not complied with the orders of this Court. Plaintifffailed to return a

completed informa pauperis affidavit form and a 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.

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James R. Spencer

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Richmond, Virginia

Senior U. S. District Judge