Smith v. Thorpe et al

Filing 8

MEMORANDUM OPINION. See for complete details. Signed by District Judge Henry E. Hudson on 11/30/2017. (mailed copy to pro se plaintiff) (nbrow)

IN THE UNITED STATES DISTRICT COURT f ~j-·- ~
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FOR THE EASTERN DISTRICT OF VIRGINIA I Ir·J r·-· . -.. . --- ·-i~ . i
Richmond Division
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ANTONIO DARRELL SMITH,
Plaintiff,
v.
MS. THORPE, et al.,
Defendants.

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Civil Action No. 3:17CV673-HEH

MEMORANDUM OPINION
(Dismissing Action Without Prejudice)
By Memorandum Order entered on October 26, 2017, the Court conditionally
docketed Plaintiffs action. (ECF No. 3.) 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.
By failing to return a consent to collection of fees form, Plaintiff has not complied
with the order of this Court. 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).

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Accordingly, this action will be dismissed without prejudice.
An appropriate Order shall accompany this Memorandum Opinion.

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/s/
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE

Date: Nov .3tJ 2011
Richmond, Vir,inia

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