Spellman v. Fowler et al

Filing 4

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 02/25/2016. (ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE

EASTERN DISTRICT OF VIRGINIA

Richmond Division

FFB 16 201$

ELLIJAH SPELLMAN,

r»T • 4- •
Plaintiff,

CLGRi^U S-^'STRiCT COURT
RICHMOND. VA

V.

Civil Action No.

SERGEANT FOWLER, ^

3:15CV675

al.,

Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on December 22,

conditionally docketed

this

action.

directed Ellijah Spellman to

At

submit a

that

2015,

time,

the Court

the

Court

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

(D)

security therefor; and,
Includes a statement of the assets he possesses.

See 28 U.S.C.

that he

is unable

§ 1915(a)(1).

to prepay fees

or give

The Court provided Spellman with an

in forma pauperis affidavit form for this purpose.
Additionally,

the

Court

directed

Spellman

to

affirm

his

intention to pay the full filing fee by signing and returning a
consent

Spellman

to

the

that

a

collection

failure

directives within thirty

to

(3 0)

of

fees

comply

form.

with

The

either

Court

of

the

warned

above

days of the date of entry thereof

would result in summary dismissal of the action.

Spellman

has

Spellman failed
the

consent

to

not

to

complied

return

the

the

m

forma

fees

collection of

not qualify for

with

order

form.

of

pauperis
As

forma pauperis status.

a

this

Court.

affidavit

result,

he

Furthermore,

U.S.C.

§

1914(a).

failure to prosecute.

Such

conduct

See Fed. R. Civ.

demonstrates

P. 41(b).

a

does

he has

not paid the statutory filing fee for the instant action.
28

and

See

willful

Accordingly,

this action will be dismissed without prejudice.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Spellman.

/s/
Robert E.

flu

Payne

Senior United States District Judge
Date:

Richmond, Vi^^inia