Lynn v. United States of America, No. 3:2013cv00517 - Document 8 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/4/13. Copy sent: Yes(tdai, )

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IN THE UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division MARK LYNN, Plaintiff, v. Civil Action No. 3:13CV517 UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION By Memorandum conditionally Order docketed entered the on August action. directed Mark Lynn to submit At 5, 2013, Court time, that the the Court a statement under oath or penalty of perjury that: (A) (B) Identifies the nature of the action; States his belief that he is entitled to relief; (C) Avers that he is unable to prepay fees or give security therefor; and, (D) Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Lynn with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Lynn to affirm his intention to pay the full filing fee by signing and returning a consent to the collection of fees form. that a failure to comply (30) days with within thirty result in summary dismissal Court directed Lynn to of either the date The Court warned Lynn of of the entry of the action. affirm his above intention At directives thereof that to pay would time, the the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Lynn that a failure to comply with the above directives within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. Lynn has not complied with the order of this Court. failed to result, return the he Furthermore, instant does consent to collection of fees not qualify action. 41(b). in forma pauperis As a status. he has not paid the statutory filing fee for the See demonstrates a willful P. for form. Lynn Accordingly, 28 U.S.C. § 1914(a). failure to prosecute. this action will be Such See Fed. conduct R. Civ. dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Lynn. /s/ Robert E. Payne fttAt Senior United States District Judge Date: (Pcffifa^'kY? Richmond, Virginia.

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