Peacock v. Simons
MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/17/2016. Copy mailed to Plaintiff. (tjoh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Civil Action No. 3;16CV646
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.
M. Hannah Lauck
Date: OCT 17 2016
United States District Judge
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