DAY, JR. v. CANTELLANO et al, No. 3:2019cv00231 - Document 16 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 7/30/2019. Copy to Plaintiff as directed. (jsmi, )
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DAY, JR. v. CANTELLANO et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ROGER CHARLES DAY,JR., Plaintiff, Civil Action No. 3:19CV231-HEH PATRICIA ESPINOZA CANTELLANO,etai. Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on May 8, 2019,the Court conditionally docketed Plaintiffs action. The Court directed Plaintiffto return his informa pauperis affidavit and affirm his intention to pay the full filing fee by signing and retuming a consent to the collection of fees form. The Court wamed Plaintiff that a failure to comply with either of the above directives within thirty(30) days ofthe date of entry thereof would result in summary dismissal ofthe action. Plaintiff has not complied with the order ofthis Court. Plaintiff failed to return the informa pauperis affidavit and 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). Such conduct demonstrates a willful Dockets.Justia.com failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be dismissed without prejudice. An appropriate Order shall issue. /s/ HENRY E. HUDSON Date: Jo Zo/S Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE
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