Hicks, Jr. v. Khawaja

Filing 23

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/07/2017. Copy mailed to Hicks.(tjoh, )

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

Richmond Division

OZELIA HICKS,

CLERK. U S DISTRICT COURT
PICHMC-'":

JR.,

Plaintiff,

V.

Civil Action No.

LAURA S.

3:17CV406

KHAWAJA,

Defendant.
MEMORANDUM OPINION

By Memorandum Order

entered on June

conditionally docketed this
directed Ozelia Hicks,

Jr.

action.

At

to submit a

7,
that

2017,

the

Court

time,

the

Court

statement under oath or

penalty of perjury that:
(A)
(B)

Identifies the nature of the action;
States his belief that he is entitled to relief;

(C)

Avers

(D)

security therefor; and,
Includes a statement of the assets he possesses.

See 28 U.S.C.

that he

is unable

§ 1915(a)(1).

to prepay fees

or give

The Court provided Hicks with an in

forma pauperis affidavit form for this purpose.

Additionally,

the

Court

directed

Hicks

to

affirm

his

intention to pay the full filing fee by signing and returning a
consent to the collection of fees

that

a

within

failure

thirty

to

(30)

form.

The Court warned Hicks

comply with either of

days

of

the

date

of

result in summary dismissal of the action.

the

above

entry

directives

thereof

would

i

Hicks

statutory

failed

filing

§ 1914(a).

on

July

to

return either

fee

for

the

form

instant

and

failed

action.

to

See

28

pay

the

U.S.C.

Accordingly, by Memorandum Opinion and Order entered

21,

2017

the

Court

dismissed

the

action

without

prejudice.

Later during the day on July 21,

2017,

the Clerk received a

Hicks's completed ^

forma pauperis affidavit and his consent to

the

fees

collection

docketed until

of

July 24,

form;

2017.

however,

Because

the

the

forms

Court

were

not

received the

completed forms on the same day as the action was dismissed, by
Memorandum Order

the July 21,

entered on August

8,

2017,

the

Court

vacated

2017 Memorandum Opinion and Order and continued to

process the action.

By Memorandum Order entered on August 31,

2017,

the Court

directed Hicks to pay an initial partial filing fee of $47.46 or

state under penalty of perjury that he did not have sufficient
assets to pay such a fee within eleven (11)

entry thereof.

See 28 U.S.C.

letter from Hicks,

2017,

§ 1915(b)(1).

days of the date of

In response to a

by Memorandum Order entered on September 22,

the Court provided Hicks with another eleven

pay the initial filing fee.
partial filing
Therefore,

is

not

days to

Hicks has neither paid the initial

fee nor averred that he

Hicks

(11)

cannot pay such a

entitled to proceed

fee.

forma pauperis.

Hick's disregard of the Court's directives warrants dismissal of

the action.

Accordingly,

the action will be dismissed without

prejudice.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Hicks.

/s/
Robert E.

Payne

Senior United States District Judge
Date:

Richmond, Virginia