Simpson v. McAuliffe et al

Filing 9

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 03/21/2017. Copy mailed to plaintiff. (tjoh, )

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

Richmond Division

JOHN D. SIMPSON,

i

Plaintiff,
V.

Civil Action No.

TERRY McAULIFFE, ^

3:16CV806

al.,

Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on November 30,

conditionally docketed
leave to proceed
on March 2,

the

action.

forma pauperis.

2017,

John D.

2016,

the Court

Simpson requested

By Memorandum Order entered

the Court directed Simpson to pay an initial

partial filing fee of $19.24 or state under penalty of perjury
that he did not have sufficient assets to pay such a
eleven

(11)

days

§ 1915(b)(1).
filing

fee

of

the date of entry thereof.

Simpson
nor

has

averred

neither

that

he

paid

the

cannot

fee within

See

28

initial

pay

such

U.S.C.

partial
a

fee.

Therefore, Simpson is not entitled to proceed i^ forma pauperis.
Simpson's disregard of the Court's directives warrants 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 Simpson.
It

is

so ORDERED.

/s/
Robert E.

Payne

Senior United States District Judge

Date:

2l tfi/'?

Richmond, Virginia