Marshall v. Emery et al, No. 3:2013cv00004 - Document 10 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 8/23/13. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JEFFREY A. MARSHALL, Plaintiff, v. Civil Action No. 3:13CV04 WAYNE L. EMERY, et ah, Defendants. MEMORANDUM OPINION By Memorandum Order entered on March 12, 2013, the Court conditionally docketed Plaintiffs civil 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 collection of fees form. The Court warned Plaintiff that a failure to comply with the above directive within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. On March 21, 2013, the United States Postal Service returned the March 12,2013 Memorandum Order to the Court marked, "RETURN TO SENDER," "NOT DELIVERABLE AS ADDRESSED," and "UNABLE TO FORWARD." (ECFNo. 5.) On April 25, 2013, Plaintiffnotified the Court of his updated address. Accordingly, the Clerk again sent the Memorandum Order and consentto collection of fees form to Plaintiffs new address. On May 3, 2013, the Court received a letter from Plaintiff which acknowledgedhis receipt of the Court's Memorandum Order and consent form, however, Plaintiff failed to return the consent to collection of fees form. On June 6, 2013, the Court received a letter from Plaintiff, however, Plaintiff again failed to return the consent form. As Plaintiff has not complied withthe orders of this Court, he does not qualify for in forma pauperis status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. ยง 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 Order shall accompany this Memorandum Opinion. James R. Spencer United States District Judge Richmond, Virginia
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