Smith v. Unknown Six et al

Filing 8

MEMORANDUM OPINION. Signed by Senior Judge Michael F. Urbanski on 1/2/2025. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JOSEPH SHANNON SMITH,
Plaintiff,

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Civil Action No. 7:24-cv-00737
MEMORANDUM OPINION

v.
UNKNOWN SIX, et al.,
Defendant(s).

By: Michael F. Urbanski
Senior United States District Judge

Plaintiff, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983.
Plaintiff did not prepay the filing costs or submit the information required to proceed in forma
pauperis under 28 U.S.C. § 1915(b) in this court to pay the filing fee through installments from
plaintiff’s trust account. By order entered October 24, 2024, the court directed plaintiff to submit
within 30 days from the date of the order a prisoner trust account report (or institutional
equivalent) for the six-month period immediately preceding the filing of the complaint. The
prisoner trust account report must be filled out, signed, and dated by the appropriate prison
official of each prison at which plaintiff is or was confined during that six-month period.
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 and has not qualified to proceed in forma pauperis under § 1915(b). 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.
ENTERED: This 2nd day of January, 2025.
Mike Urbanski
Senior U.S. District Judge
2025.01.02 20:45:07
-05'00'

__________________________________
Senior United States District Judge