Peacock v. Simons

Filing 9

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/17/2016. 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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Richmond Division

WILLIAM PEACOCK,
Plaintiff,
Civil Action No. 3;16CV646

V.

DAVID SIMONS,
Defendant.

MEMORANDUM OPINION

By Memorandum Order entered on August 19, 2016, the Court conditionally docketed
Plaintiffs action. At that time, the Court directed Plaintiff to 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 the above directive within thirty (30) days of the date of
entry thereof would result in summary dismissal of the action.

By Memorandum Opinion and Order entered on September 28, 2016, the Court
dismissed the action because Plaintiff had not complied with the Court's order to return a
consent to collection of fees form. However, a review of the docket demonstrates that Plaintiff

completed and returned a consent to the collection of fees form and the Court received it on
September 26, 2016. Because Plaintiff filed a consent to the collection of fees form prior to the
Court's dismissal of the action, the Court will VACATE the September 28, 2016, Memorandum

Opinion and Order and will REINSTATE the action on the Court's active docket.
An appropriate Order shall accompany this Memorandum Opinion.
Isl

M. Hannah Lauck

Date: OCT 17 2016
Richmond, Virginia

United States District Judge