Miller v. Unknown, No. 3:2022cv00618 - Document 5 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION. Signed by District Judge Roderick C. Young on 11/29/2022. Copy mailed to Plaintiff as directed. (jsmi, )
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Miller v. Unknown Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOHNNY WEBB MILLER, Plaintiff, v. Civil Action No. 3:22CV618 UNKNOWN, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se, submitted a letter requesting the Court to send him a form for filing a 42 U.S.C. § 1983 complaint. (ECF No. 1.) By Memorandum Order entered on September 23, 2022, the Court sent a § 1983 complaint form to Plaintiff and instructed that if Plaintiff wished to file a complaint at this time, he should complete and return the form to the Court within fourteen (14) days of the date of entry hereof. The Court noted that if Plaintiff failed to take any action within that time, the Court would dismiss the action without prejudice. See Fed. R. Civ. P. 41(b). On October 11, 2022, the Court received a letter from Plaintiff indicating that he needed an extension. (ECF No. 3.) By Memorandum Order entered on October 31, 2022, the Court granted Plaintiff an extension of fifteen (15) days from the date of entry thereof to complete and return the § 1983 form. More than fifteen (15) days have elapsed, and Plaintiff has not completed and returned the § 1983 complaint form. Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order shall issue. Date: November 29, 2022 Richmond, Virginia /s/ Roderick C. Young oung United States District Jud Judge dggee Dockets.Justia.com
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