Miller v. Fauquier County, Va General District Court

Filing 3

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 09/23/2016. Copy mailed to Plaintiff. (tjoh, )

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

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SEP 26 20^e

Richmond Division

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

ERIC E. MILLER,

Plaintiff,
Civil Action No. 3:16CV607-HEH

V.

FAUQUIER COUNTY,
VA GENERAL DISTRICT COURT,
Defendant.
MEMORANDUM OPINION

(Dismissing Civil Rights Action Without Prejudice)

By Memorandum Order entered on August 18, 2016, the Court conditionally
docketed Plaintiffs action. The Court directed Plaintiff to return his in forma pauperis

affidavit and affirm his intention to pay the full filing fee by signing 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 order of this Court. Plaintiff failed to return the in

forma pauperis affidavit 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 issue.
/s/
HENRY E. HUDSON

UNITED STATES DISTRICT JUDGE

Richmond, Virginia