Johnson v. Pixley et al

Filing 8

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 11/27/2017. Copy of Memorandum Opinion mailed to Plaintiff. (ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA f--;~;--7,""fl--=fE=--,--=~::-""\· Richmond Division DANE. JOHNSON, NOV 2 8 2017 ) ) ) ) Plaintiff, v. WARDEN PIXLEY, et al., Defendants. ) ) ) ) ) CLERK. 1 .~. 1~;; c; i 1i1CT COURT .1 nl(;I H,,1or iD. VA Civil Action No. 3:17CV634-HEH MEMORANDUM OPINION (Dismissing Action Without Prejudice) On October 3, 2017, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on November 8, 2017, the Court directed Plaintiffto pay an initial partial filing fee of$16.18 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. Therefore, Plaintiff is not entitled to proceed in forma pauperis. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be dismissed without prejudice. An appropriate Order shall accompany this Memorandum Opinion. Isl Date: '401.1.~ 20•1 Richmond, Virginia HENRY E. HUDSON UNITED STATES DISTRICT JUDGE

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