Winston v. Kelly
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
JAN 3 I 2017
MONTE D. WINSTON,
CLERK, U.S. DiSTt11CT COURT
Civil Action No. 3:16CV981
By Memorandum Order entered on December 22, 2016, the Court
conditionally docketed this action.
directed Monte D.
Winston to submit a
statement under oath or
penalty of perjury that:
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.
The Court provided Winston with an
in forma pauperis affidavit form for this purpose.
intention to pay the full filing fee by signing and returning a
directives within thirty (30) days of the date of entry thereof
would result in summary dismissal of the action.
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.
he does not
he has not
paid the statutory filing fee for the instant action.
Such conduct demonstrates a willful failure
action will be dismissed without prejudice.
Should Winston wish to pursue criminal charges against Mr.
he should contact the appropriate office of the United
Opinion to Winston.
Robert E. Payne
Senior United States District Judge
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