Locklear v. Walrath et al
Filing
9
MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 8/12/2016. (slt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JOSEPH LEE LOCKLEAR, JR.,
Plaintiff,
v.
JOHN WALRATH, et al,
Defendant(s).
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Civil Action No. 7:16-cv-00308
MEMORANDUM OPINION
By:
Norman K. Moon
United States District Judge
Joseph Lee Locklear, Jr., a pro se Virginia inmate, filed a civil rights complaint pursuant
to 42 U.S.C. § 1983. By Order entered on July 5, 2016, the court conditionally filed the
complaint and directed plaintiff to provide certain financial documentation, including and a
certified copy of his inmate trust fund account statement for the six-month period immediately
preceding the filing of the complaint. The court advised plaintiff that failure to provide the
required information within thirty days would result in dismissal without prejudice. On July 27,
2016, plaintiff filed an incomplete trust fund account statement which only pertained to two of
the six required months. On July 27, 2016, the court explained that plaintiff did not send in all of
the required information and granted plaintiff 20 additional days to comply with the court’s order
by providing the missing 4 months of data. On August 8, 2016, plaintiff submitted a signed
inmate account report which still did not include the trust fund statements for those 4 missing
months. Inasmuch as the time to comply has passed and plaintiff still has not provided the
required documentation, the court dismisses this action without prejudice. Plaintiff may refile
the claims in a separate action once he is prepared to comply with the filing requirements. The
Clerk is directed to send a copy of this opinion and accompanying Order to plaintiff.
12th
ENTER: This _________ day of August, 2016.
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