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, )

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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 2

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