Earp v. Dotson et al

Filing 8

MEMORANDUM OPINION. Signed by Senior Judge Michael F. Urbanski on 3/12/2025. (Opinion mailed to Pro Se Party/Parties via US Mail)(aab)

Case 7:24-cv-00867-MFU-CKM

Document 8
70

Filed 03/12/25

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

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CHAZ ANTONIO EARP,
Plaintiff,

Civil Action No. 7:24-cv-00867
MEMORANDUM OPINION

v.
CHADWICK DOTSON, 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 January 22, 2025 , 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.

Case 7:24-cv-00867-MFU-CKM

Document 8
71

Filed 03/12/25

Page 2 of 2

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The Clerk is directed to send a copy of this Memorandum Opinion and accompanying
Order to plaintiff.
ENTERED: March 12, 2025.
Michael F. Urbanski
U.S. District Judge
2025.03.12 15:41:29 -04'00'

__________________________________
Senior United States District Judge