Goldstein v. Herring et al

Filing 5

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 07/12/2017. Copy mailed to plaintiff. (tjoh, )

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

DAVID GOLDSTEIN,
Plaintiff,
V.

Civil Action No. 3:17CV357

MARK HERRING, et aL,
Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on May 24, 2017, the Court conditionally docketed
Plaintiffs civil action. At that time, the Court directed Plaintiff to submit a statement under oath

or penalty of perjury that:
(A)
(B)
(C)
(D)

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.

See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an in forma pauperis affidavit
form for this purpose.

Additionally, the Court directed Plaintiff to affirm his intention to pay the full filing fee
by signing and returning a consent to 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 orders of this Court.

Plaintiff failed to return a

completed informa pauperis affidavit form 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 accompany this Memorandum Opinion.

John A. Gibney, Jr.

United States DistriA J\id^e
Richmond, Virginia