Fauntleroy v. Department of Corrections et al, No. 3:2011cv00609 - Document 6 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 12/7/11. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEVIN O. FAUNTLEROY, Plaintiff, v. Civil Action No. 3:11CV609 DEPARTMENT OF CORRECTIONS, et<*/., Defendants. MEMORANDUM OPINION By Memorandum Order entered on October 5, 2011, the Court conditionally docketed Plaintiffs action. At that time, 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 Plaintiffthat a failure to comply with either ofthe above directives within thirty (30) days ofthe date of entry thereof would result in summary dismissal of the action. Plaintiff has not complied with Court's order to return a consent to collection of fees form. As a result, he does not qualify for in forma pauperis status. Furthermore, he has not paid the statutory filing fee for the instant complaint. See 28 U.S.C. ยง 1914(a). Plaintiffs actions demonstrate a wilful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. It is so ORDERED. John A. Gibney. United States Date:/^b/// Richmond, Virginia
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