Carter, Jr. v. Ray et al

Filing 10

MEMORANDUM OPINION. SEE OPINION for completed details. Signed by District Judge Henry E. Hudson on 01/23/2018. Copy of Opinion mailed to Plaintiff as directed.(ccol, )

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

L
JAN 2M 2018

LEONARD CARTER, JR.,
CLERK, U.S. Di3TniC I COURT
RICHMOND VA

Plaintiff,
Civil Action No. 3:17CV608-HEH

V.

TRACY S. RAY, el ai.
Defendants.
MEMORANDUM OPINION

(Dismissing Civil Rights Action Without Prejudice)

By Memorandum Order entered on October 17, 2017, the Court conditionally

docketed Plaintiffs action. On December 11, 2017, the Court sent a third copy of the
consent to collection of fees form and informa pauperis affidavit to Plaintiff. The Court
directed Plaintiff to return his informa pauperis affidavit and affirm his intention to pay

the full filing fee by signing and returning the consent to the collection of fees form. The

Court warned Plaintiff that a failure to comply with either of the above directives within
fourteen (14) 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 the
informa pauperis affidavit and the 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. § 1914(a). Such conduct demonstrates a

I

willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be
dismissed without prejudice.

An appropriate Order shall issue.
/s/

HENRY E. HUDSON

Date: Jkn. 313 aalg-

Richmond, Virginia

UNITED STATES DISTRICT JUDGE