Martin v. Perry

Filing 9

OPINION. Signed by Judge James P. Jones on 12/14/2015. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JAMES MARTIN,
Plaintiff,
v.
SHERIFF LANE PERRY,
Defendant(s).

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Civil Action No. 7:15-cv-00600
OPINION
By:
James P. Jones
United States District Judge

James Martin, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. §
1983. By Order entered November 5, 2015, the court directed plaintiff to submit within 10 days
from the date of the Order an inmate account form, and a certified copy of plaintiff’s trust fund
account statement for the six-month period immediately preceding the filing of the
complaint, obtained from the appropriate prison official of each prison at which plaintiff
is or which plaintiff is or was confined during that six-month period as well as an executed
verified statement. On November 23, 2015 plaintiff sent in a blank inmate account form that was
not completed or signed by the trust account officer. The incomplete form only included one
month of the required six-months required and no executed verified statement was returned by
plaintiff. 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.
ENTER: This 14th day of November, 201.
s/James P. Jones
United States District Judge