Nickens v. Dr. General et al

Filing 4

MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 04/11/2017. Copy mailed to Plaintiff.(ccol, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
WILLIAM NICKENS,
Plaintiff,
v.
Dr. GENERAL, et al.,
Defendants.

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APR I I

CLERK. U.S. D1STM1CT COURl
RICHMOND, VA

Civil Action No. 3: 17CV118

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MEMORANDUM OPINION
(Dismissing Civil Rights Action Without Prejudice)
By Memorandum Order entered on February 28, 2017, the Court conditionally
docketed Plaintiffs action. The Court directed Plaintiff to return his informa pauperis
affidavit and affirm his intention to pay the full filing fee by signing and returning a
consent to the collection of fees form. The Court warned Plaintiff that a failure to
comply with either of the above directives within thirty (30) days of the date of entry
thereof would result in summary dismissal of the action.
Plaintiff has not complied with the order of this Court. Plaintiff failed to return the

informa pauperis affidavit and 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. § 1914(a). Such conduct demonstrates a willful
failure to prosecute. See Fed. R. Civ. P. 41 (b). Accordingly, this action will be
dismissed without prejudice.
An appropriate Order shall issue.

Date:Apr.i JI 20/?
Richmond, Virginia

20!7

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HENRY E. HUDSON
UNITED STA TES DISTRICT JUDGE