Anderson v. Bivens et al, No. 3:2018cv00748 - Document 5 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/17/2018. (Copy mailed to Plaintiff) (smej, )
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Anderson v. Bivens et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WAYNE D. ANDERSON, Plaintiff, V. Civil Action No. 3:18CV748 ROBERT BIVENS,et aL, Defendants. MEMORANDUM OPINION By Memorandum Order entered on November 8, 2018, the Court conditionally docketed Plaintiffs action. At that time, the Court directed Plaintiff to affirm his intention to pay the full filing fee by signing and returning a consent to the collection offees form. The Court warned Plaintiff that a failure to comply with the above directive within thirty(30) days ofthe date of entry thereof would result in summary dismissal of the action. Plaintiff has not complied with the Court's order to return a consent to collection offees form. As a result, he does not qualify for informa pauperis status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. ยง 1914(a). Plaintiffs conduct demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. M. Hannah'|L0pcl^ DEC l 7 20^8 United States District Judge Date: Richmond, Virginia Dockets.Justia.com
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