Tippens, Jr. v. Clarke, No. 3:2018cv00298 - Document 10 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 7/26/2018. Copy to Pro Se Plaintiff. (jsmi, )
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Tippens, Jr. v. Clarke Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ROBERT E. TIPPENS, JR., Plaintiff, Civil Action No. 3:18CV298-HEH V. HAROLD W.CLARKE, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) On May 18, 2018, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on June 26, 2018,the Court directed Plaintiff to pay an initial partial filing fee of$14.51 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven(11)days ofthe date of entry thereof. See 28 U.S.C. ยง 1915(b)(1). 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 informa 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 accompany this Memorandum Opinion. /s/ JIENRY E.HUDSON Date:TJu SENIOR UNITED STATES DISTRICT JUDGE Richmond? Virginia * On July 18, 2018, Plaintiff filed a Motion for Release Pending Appellate Review(ECF No. 9)but did not address the Court's June 26,2018 Memorandum Order. Dockets.Justia.com
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