McCoy v. Unknown, No. 3:2011cv00274 - Document 12 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 8/29/11. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANTHONY McCOY, Plaintiff, v. Civil Action No. 3:11CV274 S.R. WATSON, Defendant. MEMORANDUM OPINION On May 10, 2011, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on June 3, 2011, the Court directed Plaintiff to pay an initial partial filing fee of $6.14 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11) days of the date of entry thereof. See 28 U.S.C. ยง 1915(b)(l). Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Plaintiff is not entitled to proceed in forma pauperis. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be dismissed without prejudice. An appropriate Order shall issue. /s/ James R. Spencer Chief United States District Judge Richmond, Virginia
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