Farewell v. Graham
Filing
9
OPINION. Signed by Judge James P. Jones on 7/8/2014. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MARK FAREWELL,
Plaintiff,
v.
CHRISTOPHER C. GRAHAM,
Defendant(s).
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Civil Action No. 7:14-cv-00260
OPINION
By:
James P. Jones
United States District Judge
Mark Farewell, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. §
1983. By Order entered on May 20, 2014, the court directed plaintiff to return to the court an
inmate account form, and a certified copy of plaintiff’s trust fund account statement for the sixmonth period immediately preceding the filing of the complaint, obtained from the appropriate
prison official of each prison at which plaintiff is or was confined during that six-month period
within ten days from the date of the Order. Plaintiff filed a motion for extension of time on June
2, 2014 asking for additional time to submit the required paperwork. By a second Order entered
on June 2, 2014, the court granted the motion for extension giving plaintiff 10 days from the date
of the Order to comply. On June 20, 2014 plaintiff filed another motion for extension of time to
submit the required paperwork and on June 20, the court granted the motion giving plaintiff an
additional ten days to submit the required paperwork. Plaintiff was advised that a failure to
comply would result in dismissal of this action without prejudice.
More than 10 days have elapsed, and plaintiff has failed to comply with the described
conditions. 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.
8th
ENTER: This _________ day of July, 2014.
s/ James P. Jones
__________________________________
United States District Judge
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