Lewis v. Winfree et al

Filing 9

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/22/2016. Copy mailed to plaintiff.(tjoh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WAYNE LEWIS, Plaintiff, Civil Action No. 3:16CV816-HEH V. J.D. WINFREE, et al. Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) On October 20, 2016, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on November 30, 2016, the Court directed Plaintiff to pay an initial partial filing fee of $21.28 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. ยง 1915(b)(1). Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Plaintiff is not entitled to proceed informa pauperis. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be dismissed without prejudice. An appropriate Order shall accompany this Memorandum Opinion. IsL HENRY E. HUDSON DatdgX*:L3^/< Richmond, Virginia UNITED STATES DISTRICT JUDGE

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