Byington v. Figuerou

Filing 5

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/23/2017. Copy mailed to pro se plaintiff. (tjoh, )

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a IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division I)cr23?0ff CLERK, U.S. DISTRICT COURT RICHMOND. VA BRANDON BYINGTON, Plaintiff, Civil Action No. 3:17CV538-HEH V. EDDIE FIGUEROU, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on August 31, 2017, the Court conditionally docketed Plaintiffs action. 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 order of this Court. Plaintiff failed to return 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. ยง 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. /s/ HENRY E. HUDSON Date; (3<4' ^3;2on Richmond, Virginia UNITED STATES DISTRICT JUDGE

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