Martin v. Accounting et al
Filing
3
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/06/2017. Copy mailed to Martin.(tjoh, )
J
IN THE UNITED STATES DISTRICT COURT
L
E
OCTI0 20I7
FOR THE EASTERN DISTRICT OF VIRGINIA
•
Richmond Division
CLERK, U.S. DISTRICT COURT
RICHMOND. VA
MARSHALL MARTIN,
Plaintiff,
V.
Civil Action No.
ACCOUNTING, ^
3:17CV4 87
al.,
Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on August 2,
conditionally docketed this
directed
Marshall
Martin
action.
to
submit
At
a
that
2017,
the Court
time,
the
statement
under
Court
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 to prepay fees
§ 1915(a)(1).
or give
The Court provided Martin with an
in forma pauperis affidavit form for this purpose.
Additionally,
the
Court
directed
Martin
to
affirm
his
intention to pay the full filing fee by signing and returning a
consent to the collection of fees form.
that
a
within
failure
thirty
to
(30)
The Court warned Martin
comply with either of
days
of
the
date
of
result in summary dismissal of the action.
the
above
entry
directives
thereof
would
Martin
has
not
complied
Martin failed to return the ^
consent
to
collection of
qualify for ^
with
the
order
of
this
forma pauperis affidavit and the
fees
form.
As
forma pauperis status.
a
result,
he
§ 1914(a).
to prosecute.
Such conduct demonstrates a
See Fed. R.
Civ.
does
not
Furthermore, he has not
paid the statutory filing fee for the instant action.
U.S.C.
Court.
P.
41(b).
willful
See 28
failure
Accordingly,
this
action will be dismissed without prejudice.
The
Clerk
is
directed
to
send
a
copy
of
the
Memorandum
Opinion to Martin.
/s/
Robert E.
Payne
Senior United States District Judge
Date:
Richmond, Virginia
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