Perry v. Commonwealth of Virginia Supreme Court

Filing 4

MEMORANDUM OPINION (Dismissing Action Without Prejudice). Signed by District Judge Henry E. Hudson on 12/28/2017. Copy mailed to pro se petitioner. (tjoh, )

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

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IiC 28 2017

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ALBERT LEWIS PERRY, JR.,
Petitioner,
Civil Action No. 3:17CV687-HEH

COMMONWEALTH OF VIRGINIA
SUPREME COURT,

Respondent.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)

By Memorandum Order entered on November 17, 2017, the Court conditionally
docketed Petitioner's action. The Court directed Petitioner to return his informa

pauperis affidavit and affirm his intention to pay the full filing fee by signing and
returning a consentto the collection of fees form. The Court warned Petitioner 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.
Petitioner has not complied with the order of this Court. Petitioner failed to return

the informa pauperis affidavit and 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). 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 issue.
/s/
HENRY E. HUDSON

Dat£3>fc«. zy, 2011
Richmond, Virginia

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CLERK, U.S. DISTRICT COURT
RICHMOND, VA

Richmond Division

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UNITED STATES DISTRICT JUDGE