Jackson v. Unknown

Filing 9

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/28/2017. Copy to Pro Se Plaintiff. (jsmi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DEAN E. JACKSON, Plaintiff, V. Civil Action No. 3:16CV858 UNKNOWN, Defendant. MEMORANDUM OPINION By Memorandum Order entered on December 20, 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. Plaintiff has not complied with the Court's order to return a completed consent to collection of fees form.' As a result, he does not qualify for in forma paupehs status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. ยง 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. If Plaintiff desires to prosecute this action, he must sign and return a consent to collection of fees form. An appropriate Order shall accompany this Memorandum Opinion. Date: [ y' 7/ John A. Gibney,Jr. / j United States Distjfct JUdi Richmond, Virginia Plaintiff returned a consent to collection of fees form that is blank beside the date.

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