Winston v. Kelly
Filing
6
MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Robert E. Payne on 01/31/2017. Copy of Memorandum Opinion mailed to Winston as directed.(ccol, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
JAN 3 I 2017
MONTE D. WINSTON,
CLERK, U.S. DiSTt11CT COURT
RICHMOND VA
.
Plaintiff,
v.
Civil Action No. 3:16CV981
FORREST KELLY,
Defendant.
MEMORANDUM OPINION
By Memorandum Order entered on December 22, 2016, the Court
At
conditionally docketed this action.
directed Monte D.
Winston to submit a
that
time,
the
Court
statement under oath or
penalty of perjury that:
(A)
(B)
(C)
(D)
See 28
Identifies the nature of the action;
States his belief that he is entitled to relief;
Avers that he is unable to prepay fees or give
security therefor; and,
Includes a statement of the assets he possesses.
u.s.c.
§
1915(a) (1).
The Court provided Winston with an
in forma pauperis affidavit form for this purpose.
Additionally,
the
Court
directed
Winston
to
affirm
his
intention to pay the full filing fee by signing and returning a
consent
to
Winston
that
the
a
collection
failure
to
of
fees
comply
form.
with
The
either
Court
of
the
warned
above
directives within thirty (30) days of the date of entry thereof
would result in summary dismissal of the action.
Winston has
not
complied with
the
order
of
this
Court.
Winston failed to return the in forma pauperis affidavit and the
consent to collection of fees form.
As a result,
qualify for in forma pauperis status.
Furthermore,
he does not
he has not
paid the statutory filing fee for the instant action.
U.S.C.
§
l9l4{a).
to prosecute.
See 28
Such conduct demonstrates a willful failure
See Fed.
R.
Civ.
P.
4l{b).
Accordingly,
this
action will be dismissed without prejudice.
Should Winston wish to pursue criminal charges against Mr.
Kelly,
he should contact the appropriate office of the United
States Attorney.
The
Clerk
is
directed to
send a
copy of
the Memorandum
Opinion to Winston.
/s/
£if'
Robert E. Payne
Senior United States District Judge
Date:
Q-~ J/1
Richmon{J, Virginia
'2bl'7
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