Barner v. Allen et al

Filing 11

MEMORANDUM OPINION. See for complete details. Signed by District Judge M. Hannah Lauck on 03/14/2016. Clerk mailed copy to pro se Plaintiff. (nbrow)

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

MAR

DAQUAN CHARLIE BARNER,

f

4 20f6

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

Plaintiff,

v.

Civil Action No. 3:15CV648

SGT. B. ALLEN, et al.,
Defendants.

MEMORANDUM OPINION
Plaintiff, a Virginia inmate proceeding prose and informa pauperis, brings this action.
Because Plaintiff complied with the Court's directives by Memorandum Order entered on
January 20, 2016, the Court filed the action and granted Plaintiff leave to proceed informa

pauperis. On January 28, 2016, the United States Postal Service returned the Court's January
20, 2016 Memorandum Order to the Court. On the envelope, the institution noted that "Offender
refused this item." (ECF No. 9, at 3.) Thus, the Court questioned whether Plaintiff wished to
continue to prosecute this action. By Memorandum Order entered on February 3, 2016, the
Court directed Plaintiff, within eleven (11) days of the date of entry thereof, to notify the Court
of his desire to continue with this action. The Court warned that failure to comply with the
above directive would result in the dismissal of the action. See Fed. R. Civ. P. 41(b).
More than eleven (11) days have elapsed since the entry of the February 3, 2016
Memorandum Order and Plaintiff has not responded. Accordingly, the action will be
DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall accompany this Memorandum Opinion.

Isl
Date:

MAR 14 2016

Richmond, Virginia

M. Hannah Lauck
United States District