Cox v. Smith, No. 3:2020cv00374 - Document 12 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). Signed by District Judge Henry E. Hudson on 09/14/2020. Copy mailed to Plaintiff. (walk, )
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Cox v. Smith Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JEREMIAH EZEKIEL COX, Plaintiff, Civil Action No. 3:20CV374-HEH C. SMITH, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) On July 6,2020, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on July 30,2020,the Court directed Plaintiff to pay an initial partial filing fee of$0.73 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 failed to do either. Instead, Plaintiff sent the Court a copy of his request for his trust account information that he sent to the institution. By Memorandum Order entered on August 19, 2020,the Court informed Plaintiffthat he must comply with the orders ofthe Court if he wished to continue to litigate this action. The Court provided Plaintiff with an additional eleven(11)days in which to pay the fee. More than eleven(11)days have elapsed and 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 ofthe Court's directives Dockets.Justia.com warrants dismissal ofthe action. Accordingly, the action will be dismissed without prejudice. An appropriate Order shall accompany this Memorandum Opinion. /S/ HENRY E.HUDSON Date: Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE
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