Bell v. Wexford Medical

Filing 6

MEMORANDUM OPINION. Signed by District Judge Robert S. Ballou on 1/3/2025. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)

$-&3,h4
0''*$&
64
%*45
$0635

"5
30"/0,&
7"
'*-&%
January
03, 2025
IN THE UNITED STATES DISTRICT COURT
-"63"
"
"645*/

$-&3,

FOR THE WESTERN DISTRICT OF VIRGINIA

ROANOKE DIVISION
CHARLES DEREK BELL,
Plaintiff,

#:

s/A. Beeson

%&165:
$-&3,

Civil Action No. 7:24cv00765
MEMORANDUM OPINION

v.
WEXFORD MEDICAL,
Defendant(s).

By: Robert S. Ballou
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 November 19, 2024, the court directed plaintiff to
submit within 30 days from the date of the order the consent to withholding of filing fee form in
order to complete the application to proceed without the prepayment of the filing fee. 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.
Enter: January 3, 2025

/s/ Robert S. Ballou
Robert S. Ballou
United States District Judge