Newkirk v. Lerner et al, No. 3:2013cv00387 - Document 5 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 9/23/13. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KENNETH NEWKIRK, Plaintiff, v. ) ) ) ) LOUIS LERNER,eftf/., Defendants. Civil Action No. 3:13CV387-HEH ) ) ) ) MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice) By Memorandum Order entered on July 25, 2013, the Court conditionally docketed Plaintiffs action. 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. Plaintiff has not complied with the order of this Court. Plaintiff failed to return the consent to collection of fees form. As a result, he does not qualify for informa 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. jybft Date: S^* a.3 20t3 Richmond, Virginia /s/ HENRY E.HUDSON UNITED STATES DISTRICT JUDGE
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