Shadeed et al v. Green et al

Filing 22

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Henry E. Hudson on 05/05/2017. Memorandum Opinion mailed to Plaintiff.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

B L
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Richmond Division

ANDRE SMOOT SHADEED, et al.

may - 8 2017

TLERK •bichmond^va__
U.S.DiSlriit.! OOURl

Plaintiff,
Civil Action No. 3:17CV178-HEH

V.

IJ/

T. GREEN, etal..
Defendants.

MEMORANDUM OPINION

(Dismissing Action Against Brown, Watson, and Holmes Without Prejudice)

By Memorandum Order entered on March 22, 2017, the Court conditionally
docketed Plaintiffs' action. The Court directed Plaintiffs to affirm his intention to pay the

full filing fee by signing and returning a consent to collection of fees form and informa

pauperis affidavit. In addition to the above requirements, the Court directed Plaintiffs
that they must submit a brief within thirty (30) days of the date of entry thereof,
explaining why allowing the action to go forward with the multiple joined Plaintiffs
would promote judicial efficiency. The Court also directed Plaintiffs to explain why the

Complaint, as submitted, complies with joinder requirements. The Court warned that a
failure to submit this brief would result in dismissal of the action.

By Memorandum Order entered on May 3, 2017, the Court dismissed Plaintiffs
Walker, Shabazz, Manuel, and McClease because they failed to return an in forma
pauperis affidavit or a consent to collection of fees form.
The record establishes that the remaining Plaintiffs, although they each submitted
an in forma pauperis affidavit and consent to collection of fees fomi, have also not

complied with the orders of this Court. Plaintiffs Shadeed, Brown, Watson, and Holmes

failed to submit a brief within thirty days explaining why allowing the action to go
forward with multiple joined Plaintiffs would promote judicial efficiency. Such conduct
demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this
action will be dismissed without prejudice with regard to all Plaintiffs except the firstnamed Plaintiff, Shadeed. The Court will continue to process the action with Shadeed as
the sole Plaintiff.

An appropriate Order shall accompany this Memorandum Opinion.

/./

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Date: 'HTItog' aon

Richmond,Virginia
Lichmond,Virginia

HENRY E. HUDSON

UNITED STATES DISTRICT JUDGE