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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION $-&3,h40''*$&64%*45$0635 "530"/0,& 7" '*-&% March 27, 2024 -"63"""645*/ $-&3, Civil Action No. 7:24-cv-00111 LARRY WAYNE BYINGTON, Plaintiff, #: s/5. 5BZMPS %&165:$-&3, 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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