Anderson v. Commonwealth of Virginia

Filing 14

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 04/22/2016. Copy mailed to Anderson.(tjoh, )

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

RAHEEM KING,
Plaintiff,
Civil Action No. 3:15CV674

V.

SUPEIUNTENDENT KIPLINKSY, et ai.
Defendants.

MEMORANDUM OPINION

By Memorandum Order entered on November 23, 2015, the Court conditionally docketed
Plaintiffs civil action.

The United States Postal Service returned the November 23, 2015

Memorandum Order to the Court because it was undeliverable. By Memorandum Opinion and
Order entered on December 21, 2015, the Court dismissed Plaintiffs action because he relocated

and failed to contact the Court to provide a current address. On December 22, 2015, the Court

received a letter postmarked December 18, 2015 from Plaintiff providing his new address. In
light of Plaintiffs interest in continuing to prosecute the action, the Court vacated the December

21, 2015 Memorandum Opinion and Order and continued to process the action.

Accordingly, by Memorandum Order entered on February 10, 2016, the Court again
conditionally docketed the 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)

Avers that he is unable to prepay fees or give security therefor; and,

(D)

Includes a statement of the assets he possesses.

See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an informa pauperis affidavit
form for this purpose.

Additionally, 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 orders of this Court.

Plaintiff failed to return a

completed in forma pauperis affidavit form and a consent to collection of fees form. As a result,
he does not qualify for in forma 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.

fe/ 1-^

John A. Gibney,
uyy
Date:

Richmond, Virgiiiia

United StatesDistrfct Judge
)istnct Judi