Phoenix v. Clarke et al, No. 3:2023cv00334 - Document 11 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 8/30/2023. (adun, )
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Phoenix v. Clarke et al Doc. 11 Case 3:23-cv-00334-MHL-MRC Document 11 Filed 08/30/23 Page 1 of 1 PageID# 62 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DANIEL W. PHOENIX, Plaintiff, Civil Action No. 3:23cv334 V. HAROLD CLARKE, et al Defendants. MEMORANDUM OPINION On June 15, 2023, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on July 18, 2023, the Court directed Plaintiff to pay an initial paitial filing fee of $95.17 or state under penalty of perjuiy that he did not have sufficient assets to pay such a fee within thirty (30) days of the date of entry thereof See 28 U.S.C. § 1915(b)(1). 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 in forma pauperis. Plaintiffs disregard of the Court’s directives warrants dismissal of the action. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Final Order shall issue. Date: M. Hanna] Richmond, Virginia United Sta^^s'ip'^slrict Judge Dockets.Justia.com
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