Hicks, Jr. v. Khawaja

Filing 23

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

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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

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