Lamar v. Ebert

Filing 8

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 09/20/2012. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DEREK STANTON LAMAR,
Plaintiff,
v.
PAUL EBERT,
Defendant(s).

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Civil Action No. 7:12-cv-00385
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Derek Stanton Lamar, proceeding pro se, filed a civil rights complaint, pursuant to 42
U.S.C. § 1983. By Order entered August 30, 2012, the court directed plaintiff to submit within
ten (10) days from the date of the Order his signed Consent to Fee. Plaintiff was advised that a
failure to comply would result in dismissal of this action without prejudice.
More than ten (10) days have elapsed, and plaintiff has failed to comply with the
described conditions and return the Consent to Fee. Accordingly, the court dismisses the action
without prejudice and strikes the case from the active docket of the court. Plaintiff may refile the
claims in a separate action once plaintiff is prepared to comply with the noted conditions.
The Clerk is directed to send a copy of this Memorandum Opinion and accompanying
Order to plaintiff.
20th
ENTER: This _________ day of September, 2012.