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

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