McCool v. Richmond City Jail Medical Department, No. 3:2012cv00847 - Document 5 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/29/13. Copy sent: Yes(tdai, )

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McCool v. Richmond City Jail Medical Department Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division PHILIP JORDAN McCOOL, Plaintiff, v. Civil Action No. 3:12CV847 RICHMOND CITY JAIL MEDICAL DEPARTMENT, Defendant. MEMORANDUM OPINION By Memorandum Order conditionally docketed entered the on March action. directed Philip Jordan McCool to 2013, the Court that At 29, time, the Court submit a statement under oath or penalty of perjury that: (A) (B) (C) 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. (D) See 28 U.S.C. § 1915(a)(1). The Court provided McCool with an in forma pauperis affidavit form for this purpose. Additionally, intention to pay a to the consent McCool that a the the Court full filing collection failure directives within thirty directed to (30) of fee fees comply by McCool signing form. with to The either affirm and returning Court of his the warned above days of the date of entry thereof would result in summary dismissal of the action. Dockets.Justia.com McCool McCool has failed and the in not to complied return the with consent the to forma pauperis affidavit. order of collection As qualify for in forma pauperis status. this of a result, fees he Furthermore, to § 1914(a). prosecute. See Such Fed. conduct R. demonstrates Civ. P. 41(b). a form does not he has not paid the statutory filing fee for the instant action. U.S.C. Court. willful See 28 failure Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to McCool. i si rZzf Robert E. Payne Senior United States District Judge Date: 3^ M^} Richmond, Virginia

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