Hicks v. Gibney, No. 3:2018cv00327 - Document 5 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 07/26/2018. Copy mailed to plaintiff. (tjoh, )
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Hicks v. Gibney Doc. 5 L IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA JUL 26 2018 Richmond Division OZELIA HICKS, JR., CLERK.^DiSf^CTcourt Plaintiff, V. Civil Action No. 3:18CV327 JOHN A. GIBNEY, JR., Defendant. MEMORANDUM OPINION By Memorandum Order entered on conditionally docketed this action. June 1, 2018, the Court At that time, the Court directed Ozelia Hicks, Jr. to submit a statement under oath or penalty of perjury that: (A) (B) Identifies the nature of the action; States his belief that he is entitled to relief; (C) Avers that he is unable to prepay fees or give security therefor; and, Includes a statement of the assets he possesses. (D) See 28 U.S.C. § 1915(a)(1). The Court provided Hicks with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Hicks to affirm his intention to pay the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Hicks that a failure to comply with either of the above directives within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. Dockets.Justia.com Hicks has not complied Winston failed to return the with the of this forma pauperis status. As a result, he does not Furthermore, he has not paid the statutory filing fee for the instant action. U.S.C. § 1914(a). to prosecute. Court. forma pauperis affidavit and the consent to collection of fees form. qualify for order See 28 Such conduct demonstrates a willful failure See Fed. R. Civ. P. 41(b). Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Hicks. A£r/ /s/ Robert E. Payne Senior United States District Judge Richmond, Virginia Date: July 2%, 2018
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