Brooks v. Walmart Dept. Store, No. 3:2018cv00496 - Document 9 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 09/18/2018. Copy mailed to plaintiff.(tjoh, )

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Brooks v. Walmart Dept. Store Doc. 9 T~T SEP I 9 6 ^ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA | CLLHK. U.S. District court Richmond Division ' Richmond, va MICHAEL L. BROOKS, Plaintiff, V. Civil Action No. 3:18CV496 WALMART DEPT. STORE, Defendant. MEMORANDUM OPINION By Memorandum conditionally directed Order docketed entered the on July 25, action. At that 2018, the Court time, the Court Michael L. Brooks to affirm his intention to pay the full filing fee by signing and returning a consent to collection of fees form. The Court warned Brooks that a failure to comply with the above directive within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. On July collection 31, of fees 2018, form the Court from received Brooks that a was consent not to signed. Accordingly, by Memorandum Order entered on August 10, 2018, the Court directed Brooks to read, sign, and return to the Court the enclosed consent to collection of fees form within fourteen (14) days of the date of entry thereof. Brooks has not complied with the order of this Court. Brooks failed to return a signed consent to collection of fees form. As a result, he does not qualify for forma pauperis Dockets.Justia.com status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. ยง 1914(a). demonstrates a willful failure to prosecute. P. 41(b). Such conduct See Fed. R. Civ. Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Brooks. /s/ aip Robert E. Payne Senior United States District Judge Date: Richmond, Virginia

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