Banks v. Unknown et al

Filing 7

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/14/2017. Copy mailed to Pro Se Plaintiff. (jsmi, )

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

STEVEN ROBERT BANKS,
Plaintiff,
V.

Civil Action No. 3:16CV761

BRITTANY, e/fl/.,
Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on November 15, 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 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. On January 19, 2017, the Court
granted Plaintiff an extension of the eleven (11) days from the date of entry thereof to comply
with the terms of the terms of November 15, 2016.

Plaintiff has not complied with the Court's order to return 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).

Plaintiffs 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 accompany this Memorandum Opinion.

Richmond, Virginia

John A. Gibney,
United States Distrii