Carter v. Ely et al, No. 7:2020cv00713 - Document 19 (W.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 12/31/2020. (Opinion mailed to Pro Se Party via US Mail)(tvt)
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Carter v. Ely et al Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION BENJAMIN CARTER, Plaintiff, Civil Action No. 7:20-cv-00713 MEMORANDUM OPINION v. JOSEPH ELY, et al, Defendant(s), By: Michael F. Urbanski Chief United States District Judge Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. §1983. By order entered November 30, 2020, the court directed plaintiff to submit within twenty days from the date of the order a statement of assets, an inmate account form, and a certified copy of plaintiff’s trust fund account statement for the six-month period immediately preceding the filing of the complaint, obtained from the appropriate prison official of each prison at which plaintiff is or was confined during that six-month period. Plaintiff wrote to the court several times stating that he did not want to proceed in forma pauperis but instead wanted to pay the full filing fee. He claims that he has sent a money order, but the Clerk’s Office has not received any payment of the filing fee and has written plaintiff several times explaining as much. Plaintiff was advised that a failure to comply would result in dismissal of this action without prejudice. More than twenty days have elapsed, and plaintiff has failed to comply with the described conditions. Accordingly, the court dismisses the action without prejudice and strikes the case from the active docket of the court. Plaintiff may refile the claims in a separate action once plaintiff is prepared to comply with the noted conditions. The Clerk is directed to send a copy of this Memorandum Opinion and accompanying Order to plaintiff. 31st day of December, 2020. ENTER: This _____ Michael F. Urbanski Chief U.S. District Judge 2020.12.31 08:47:44 -05'00' __________________________________ Chief United States District Judge Dockets.Justia.com
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