Malquwan v. Virginia Beach City Jail

Filing 5

MEMORANDUM OPINION. SEE OPINION for DETAILS. Signed by District Judge M. Hannah Lauck on 02/21/2017. Copy mailed to Plaintiff.(ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division FEB 2 I 20l7 ISAIAH HOPKINS MALQUWAN, CLERK, U.S. DiSTR1CT COUR1 RICHMOND VA Plaintiff, v. Civil Action No. 3:16CV879 VIRGINIA BEACH CITY JAIL, Defendant. MEMORANDUM OPINION By Memorandum Order entered on December 1, 2016, the Court conditionally docketed Plaintiffs civil 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 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. § l 914(a). Plaintiffs conduct demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 4l(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. f£B 2 l 2017 Date: Richmond, Virginia M.HannahL~~

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