Salgado v. Bonilla, No. 3:2023cv00306 - Document 6 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 7/20/2023. (Copy mailed to Salgado) (smej, )
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Salgado v. Bonilla Doc. 6 Case 3:23-cv-00306-MHL-MRC Document 6 Filed 07/20/23 Page 1 of 2 PageID# 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RichmondDivision JIMI SALGADO, Plaintiff, Civil Action No. 3:23cv306 V. WILVER BONILLA, Defendant. MEMORANDUM OPINION By Memorandum Order entered on June 7,2023, the Court conditionally docketed Plaintiffs civil action. At that time, the Court directed Plaintiff to submit a statement under oath or penalty of peijury that: (A) (B) (C) (D) Identifies the nature of the action; States his belief that he is entitled to relief; Avers that he is unable to prepay fees or give security therefor; and. Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an in forma 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 the collection of fees form. The Court warned Plaintiff that a failure to comply with either of the above directives within thirty (30) days of the date of entry thereof woxild result in summary dismissal of the action. Dockets.Justia.com Case 3:23-cv-00306-MHL-MRC Document 6 Filed 07/20/23 Page 2 of 2 PageID# 34 Plaintiff has not complied with the orders of this Court. Plaintiff failed to return a completed informa pauper is affidavit form and a consent to collection of fees 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 Final Order shall accompany this Memorandum Opinion. V' Date: July 7, 2023 Richmond, Virginia M.Hann United stasstkt Judge 2
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