Oakley v. Doss et al

Filing 8

MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Robert E. Payne on 01/20/2017. Copy mailed to Plaintiff as directed.(ccol, )

IN THE ONITED STATES DISTRICT COURT

L

FOR THE EASTERN DISTRICT OP VilRGINIA

Richmond Division

i r-

CURTIS OAKLEY,

^ « „„,-t

JAN 2 3 2017

"

[ij/

rLERK U.S. DiSTfliCT COURT
•bichmond.va

Plaintiff,

—

V.

Civil Action No.

TIMOTHY DOSS, ^

3:16CV762

al.,

Defendants.

MEMORANDUM OPINION

By
Court

Memorandum

Order

conditionally

entered

docketed

on

the

September
action.

pay

an

initial

partial

2016,

filing

2016,

Curtis

requested leave to proceed ^ . forma pauperis.
Order entered on October 13,

26,

the

Oakley

By Memorandum

the Court directed Oakley to

fee

of

$22.13

or

state

under

penalty of perjury that he did not have sufficient assets to pay
such a fee within eleven {11) days of the date of entry thereof.
See

28

U.S.C.

§

1915(b)(1).

On

October

5,

2016,

the

Court

received a letter from Oakley wherein he indicated that he would
be released on October 25,

2016.

(ECF No.

4-1,

at 1.)

provided a new address to reach him after that date.
the

Court has not heard

13,

2016

entered

Memorandum
on

November

from Oakley about

Order.
30,

Accordingly,

2016,

the

Court

the
by

Oakley

To date,

Court's October
Memorandum

directed

Order

Oakley

to

complete and return the proper m

forma pauperis affidavit for

non-prisoners

days

within

thirty

(30)

of

the

date

of

entry

hereof.
the

See

The Court warned Oakley that a

Court's

Fed.

R.

directives

Civ.

Pr.

would

result

41(b).

in

Oakley

return the form or otherwise respond.
Court's

directives

warrants

failure to comply with

dismissal

failed

of

to

the

action.

complete

and

Oakley's disregard of the

dismissal

of

the

action.

Accordingly, the action will be dismissed without prejudice.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Oakley.

AH.

/s/
Robert E. Payne
Senior United States District Judge
Date

Richmon
noncl,

Vir^nia'

^