Byington v. McDuffie
Filing
5
MEMORANDUM OPINION. Signed by District Judge Robert S. Ballou on 3/27/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
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March 27, 2024
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Civil Action No. 7:24-cv-00111
LARRY WAYNE BYINGTON,
Plaintiff,
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MEMORANDUM OPINION
v.
By: Robert S. Ballou
United States District Judge
DR. MCDUFFIE,
Defendant(s).
Plaintiff, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. §1983.
By order entered February 12, 2024, the court directed plaintiff to submit within 30 days from
the date of the order a statement of assets form, an inmate account form, and a certified copy of
plaintiff’s trust fund account statement for the month of January, obtained from the appropriate
prison official of each prison at which plaintiff is or was confined during that month. Plaintiff
was advised that a failure to comply would result in dismissal of this action without prejudice.
More than 30 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 27th day of March, 2024.
Robert S. Ballou
__________________________________
United States District Judge
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