Wagner v. Akers et al
Filing
6
OPINION. Signed by Judge James P. Jones on 11/30/2016. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
NATHAN WILLARD WAGNER,
Plaintiff,
v.
BETTY AKERS, et al,
Defendant(s).
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Civil Action No. 7:16-cv-00505
OPINION
By:
James P. Jones
United States District Judge
Nathan Willard Wagner, proceeding pro se, filed a civil rights complaint, pursuant to 42
U.S.C. § 1983. On October 28, 2016, plaintiff submitted an inmate account report signed by the
trust account officer at his place of incarceration but did not send in the required six-month
statements. By Order entered October 28, 2016, the court directed plaintiff to submit within 20
days from the date of the Order 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 was confined during that sixmonth period. Plaintiff was advised that a failure to comply would result in dismissal of this
action without prejudice.
More than 20 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 30th day of November, 2016.
/s/James P. Jones
United States District Judge
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