Goodwin v. Unknown, No. 3:2023cv00052 - Document 18 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge David J. Novak on 6/8/2023. Memorandum Opinion was mailed to the plaintiff. (sbea)
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Goodwin v. Unknown Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JEREMIAH JAMES GOODWIN, Plaintiff, v. UNKNOWN, Civil No. 3 :23cv52 (DJN) Defendant. MEMORANDUM OPINION By Memorandum Order entered on February 7, 2023, the Court conditionally docketed Plaintiffs civil action and mailed him the forms required for prisoner filings. (ECF No. 5.) Plaintiff returned the forms sent to him by the Clerk. (ECF Nos. 6, 7.) However, the Court realized that Plaintiff was not a prisoner but a civil detainee. Accordingly, by Memorandum Order entered on March 31, 2023, the Court directed Plaintiff to complete and return a non prisoner informa pauperis affidavit. (ECF No. 15.) Plaintiff returned the affidavit to the Court; however, he refused to sign the affidavit and marked an "X" through the section that required a signature. (ECF No. 16, at 1.) Accordingly, by Memorandum Order entered on May 1, 2023, the Court informed Plaintiff that if he wished to proceed with the action, he must sign and complete the informa pauperis affidavit. (ECF No. 17, at 1.) The Court provided Plaintiff with one more opportunity to complete and return the form within thirty (30) days of the date of entry thereof. (Id.) Plaintiff has not complied with the orders of this Court. Plaintiff failed to return a completed informa pauperis affidavit form. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. § 1914(a) (setting forth district court fees). Such conduct Dockets.Justia.com demonstrates a willful failure to prosecute. Accordingly, this action will be DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4l(b). An appropriate Order shall accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff. Isl David J. Novak United States District Judge Richmond, Virginia Dated: June 8. 2023 2 81
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