Clarke v. VA Dept. of Corrections et al, No. 3:2020cv00391 - Document 4 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 9/4/2020. Copy to Plaintiff as directed. (jsmi, )
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Clarke v. VA Dept. of Corrections et al Doc. 4 Case 3:20-cv-00391-DJN Document 4 Filed 09/04/20 Page 1 of 2 PageID# 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JEROME CLARKE, Plaintiff, Civil No. 3:20cv391 (DJN) VA DEPT. OF CORRECTIONS,et al. Defendants. MEMORANDUM OPINION By Memorandum Order entered on June 26,2020, the Court conditionally docketed Plaintiffs civil action. At that time,the Court directed Plaintiff 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, (D) Includes a statement ofthe assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an informa pauperis affidavit form for this purpose. Additionally, the Court directed Plaintiff to affirm his intention to pay the full filing fee by signing and returning a consent to collection offees form. The Court warned Plaintiff that a failure to comply with either ofthe above directives within thirty(30)days ofthe date ofentry thereof would result in summary dismissal ofthe action. Dockets.Justia.com Case 3:20-cv-00391-DJN Document 4 Filed 09/04/20 Page 2 of 2 PageID# 23 Plaintiff has not complied with the orders ofthis Court. Plaintiff failed to return a completed informa pauperis affidavit form 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. § 1914(a). Such 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. Let the Clerk file a copy ofthe Memorandum Opinion electronically and send a copy to Plaintiff. (sL David J. Novak United States District Judge Richmond, Virginia Dated: September 4.2020
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