Goldstein v. Clarke et al

Filing 5

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 SCOTT GOLDSTEIN,

Plaintiff,
V.

Civil Action No. 3:17CV658

HAROLD CLARKE, et aL,
Defendants.
MEMORANDUM OPINION

By Memorandum Order entered on October 12, 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.

Date: I^Ml7
Richmond, Virginia

John A. Gibney, Jr. / ^
United States District Juda