Hunter v. O'Brien et al

Filing 18

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 04/12/2018. Copy mailed to plaintiff. (tjoh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLES C. HUNTER, Plaintiff, V. Civil Action No. 3:18CV06 AUDRA O'BRIEN, et aL, Defendants. MEMORANDUM OPINION On January 25, 2018, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on March 12, 2018, the Court directed Plaintiff to pay an initial partial filing fee of $2.30 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. ยง 1915(b)(1). Instead of doing either. Plaintiff noted his appeal of the Court's Memorandum Order. (ECF No. 15.) More than eleven (11) days have elapsed and 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 informa 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 issue. Date: John A. Gibncy, Jr. Richmond, Virginia United States DistridtJ^d^e

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