Dunston v. Nurse Brown et al

Filing 6

MEMORANDUM OPINION. READ Opinion for complete details. Signed by District Judge Henry E. Hudson on 10/31/2017. Copy of Memorandum Opinion mailed to Plaintiff as directed. (ccol, )

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

P

Richmond Division

DE'ANDRE DUNSTON,

BL_b_
OCT 3 I 20IT

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ri ERK U.S. ui-nior CO'JRI

Plaintiff,
Civil Action No. 3:17CV638-HEH

V.

NURSE BROWN, et ai.
Defendants.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

By Memorandum Order entered on September 27, 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 offees 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 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: Oct.2( 2on
Richmond, Vfrginia

UNITED STATES DISTRICT JUDGE

' Plaintiff mailed a "Memorandum Order" to the Court instead ofsigning and returning the consent to
collection of fees form. (ECF No. 5.) In this submission he states that he does not have any assets and
that his bank account is negative $1500. (Id at 1.) A lack of assets fails to excuse the Court's
requirement that Plaintiff must complete and return a consent to collection of fees form before the Court
will file the action.

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