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