Carr v. Hackett et al

Filing 5

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 11/04/2015. Copy mailed to Plaintiff.(nbrow, )

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

•

NOV - 4 2015

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Richmond Division

QUAN'TE CARR,

CLERK, U.S. DISTRICT COURT

RICHMOND, VA

Plaintiff,
V.

Civil Action No. 3:15CV508

MAJOR HACKETT, et aL,
Defendants.
MEMORANDUM OPINION

By Memorandum Orderentered on September 14, 2015, the Courtconditionally
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)

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, theCourt directed Plaintiff to affirm his intention to paythe full filing fee

bysigning and returning 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.

Plaintiff has not complied with the orders of this Court. Plaintiff failed 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.
. / .U

Date:

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NOV v ^ ZOlJ

Richmond, Virginia

M. Hannah Lauuv

United States District Judge