Huff v. Pearson et al

Filing 12

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 2/25/2016. Copy mailed to Pro Se Plaintiff. (jsmi, )

IN THE UNITED
FOR THE

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

CARL LEE HUFF,

Plaintiff,
Civil Action No.

V.

EDDIE PEARSON,

3:15CV661

et al.,

Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on December 12,

2015,

the Court

directed Carl Lee Huff to pay an initial partial filing fee of
$.15

or

state

under penalty

of

sufficient assets to pay such a
the date of entry thereof.

perjury

that

he

did

fee within eleven

See 28 U.S.C.

not

(11)

§ 1915(b)(1).

have

days of
Because

Huff had neither paid the initial partial filing fee nor averred
that

he

Order

could

entered

not
on

pay

such

January

a

fee,

26,

by Memorandum

2016,

the

Court

Opinion

and

dismissed

the

action without prejudice.
On January 29,

which

is

No. 1) .

dated

In the

2016,

January

he

cost

Court

did not

of

the

will

letter from Huff

11,

11

January 11,

attempted to send the

but

the Court received a

have

filing

treat

2016

("January

Letter,

initial partial

enough
fee

the

2016

and

funds
the

January

for

2016

explains

filing

in his

fee

11,

Huff

fee

account
the

Letter,"

to

to

that he

the Court,

cover

money order.

Letter

as

a

ECF

motion

the
The

for

relief under

appears
December

Federal Rule

Huff
22,

January 26,

was
2015

of

Civil

diligently
Memorandum

Procedure

attempting
Order,

the

59(e).

to

comply

Court

will

2016 Memorandum Opinion and Order

Because

with
vacate

(ECF Nos.

it

the
the

9-10.)

The Court will continue to process the action.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Huff.

lAi
Robert E. Payne
Senior United States District Judge
Date

Richmond
nond,

VirgMia