Goldstein v. Clarke et al

Filing 6

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 11/20/2017. Copy to Pro Se Plaintiff as directed. (jsmi, )

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

DAVID GOLDSTEIN,

Plaintiff,
V.

Civil Action No. 3:17CV618

HAROLD CLARKE, et aL,
Defendants.

MEMORANDUM OPINION

By Memorandum Order entered on September 25, 2017, the Court conditionally
docketed Plaintiffs action. At that time, 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 the above directive within thirty (30) days of the
date of entry thereof would result in summary dismissal of the action.
Plaintiff has not complied with the Court's order 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. § 1914(a).' Plaintiffs 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.

j <I .y
Date:

''(

/

John A. Gibney, Jr.
United States Distrii

Richmond, Virginia

' On October 2, 2017, the Court received a letter from Plaintiff asking the Court "to send
this bill for [$]350.00 to Mr. Alan Greenfield." (Letter 1, ECF No. 5 (capitalization corrected).)
Plaintiff, not the Court, is responsible for arranging for payment of the full $350.00 filing fee
plus the $50 administrative fee for filing this action. To the extent Plaintiff wishes to have
someone other than himself submit the full filing fee, he should submit a new complaint
accompanied by the required $400.