Davenport v. Levin et al

Filing 9

MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge Henry E. Hudson on 11/30/2017. Copy mailed to Plaintiff as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN D) ISTRICT OF VIRGINI
Richmond Division

DEC - I 2017

JOSEPH DAVENPORT,
Plaintiff,

v.
DR. LEONARD LEVIN, et al.,
Defendants.

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CLERK, U.S. DiSih1CT COURl
RICHMOND, VA

Civil Action No. 3:17CV621-HEH

MEMORANDUM OPINION
(Dismissing Action Without Prejudice)
On September 27, 2017, the Court conditionally docketed Plaintifr s action.
Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered
on November 15, 2017, the Court directed Plaintiff to pay an initial partial filing fee of
$12.25 or state under penalty of perjury that he did not have sufficient assets to pay such
a fee within eleven (11) days of the date of entry thereof. See 28 U.S.C. § 1915(b)(l).
Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a
fee. Instead, Plaintiff submitted a letter wherein he acknowledges that he has $28.00 in
his prison account, but he declined to pay the initial partial filing fee. Therefore, Plaintiff
is not entitled to proceed informa pauperis. Plaintiffs disregard of the Court's directives
warrants dismissal of the action. Accordingly, the action will be dismissed without

prejudice. Plaintiff's Motion to Continue (ECF No. 8) will be denied.

An appropriate Order shall accompany this Memorandum Opinion.

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HENRY E. HUDSON
Date: Nou ..20 2.0I?
Richmond, Vilginia

UNITED STATES DISTRICT JUDGE