Jarrells v. Western VA Regional Jail et al

Filing 6

MEMORANDUM OPINION. Signed by District Judge Thomas T. Cullen on 11/26/2024. (Opinion mailed to Pro Se Party/Parties via US Mail)(tvt)

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$-&3,h40''*$&64%*45$0635 "530"/0,& 7" '*-&% IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ) ) Plaintiff, ) ) v. ) ) WESTERN VA REGIONAL JAIL et al., ) ) Defendants. ) November 26, 2024 -"63"""645*/ $-&3, #: s/5. 5BZMPS %&165:$-&3, BLAKE JARRELLS, Case No. 7:24-cv-00732 MEMORANDUM OPINION By: Hon. Thomas T. Cullen United States District Judge On October 16, 2024, Plaintiff Blake Jarrells, proceeding pro se, filed a civil-rights complaint under 42 U.S.C. § 1983. (See Compl. [ECF No. 1].) On October 23, 2024, the Court ordered Plaintiff to submit a prisoner trust account report for the six-month period immediately preceding the filing of the complaint. 1 (Order ¶ 3 [ECF No. 5].) The Court advised Plaintiff that failure to submit the requested information within 30 days would result in dismissal of this action. (Id. at 2.) More than 30 days have elapsed, and Plaintiff has not sent the requested information as ordered. Accordingly, the Court will dismiss the action without prejudice for failure to prosecute and to comply with the Court’s order. See Fed. R. Civ. P. 41(b). Plaintiff may refile the claims in a separate action, subject to the applicable statute of limitations, once Plaintiff is prepared to comply with the noted conditions. 1 Plaintiff had not paid the requisite filing fee, so the court granted him the opportunity to apply to proceed in forma pauperis. To date, Plaintiff has not submitted the assessed filing fee, an application to proceed in forma pauperis, or the requested financial information. The Clerk is directed to send a copy of this Memorandum Opinion and the accompanying Order to Plaintiff. ENTERED this 26th day of November, 2024. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE -2-

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