Rucker v. Unknown, No. 3:2014cv00740 - Document 7 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/30/14. Copy sent: Yes (tdai, )
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Rucker v. Unknown Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SANTRA LAVONNE RUCKER, Plaintiff, Civil Action No. 3:14CV740-HEH v. UNKNOWN, Defendant. MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice) By Memorandum Order entered on November 13, 2014, the Court conditionally docketed Plaintiffs action. The Court directed Plaintiff to return her informa pauperis affidavit and affirm her intention to pay the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Plaintiff that a failure to comply with either of the above directives 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 informa pauperis affidavit and the consent to collection of fees form. As a result, she does not qualify for informa pauperis status. Furthermore, she has not paid the statutory filing fee for the instant action. See 28 U.S.C. § 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.1 To the extent Plaintiff seeks to report alleged criminal activity in her place of incarceration as a means to receive a sentencing reduction for substantial assistance, only the United States may Dockets.Justia.com An appropriate Order shall issue. /s/ HENRY E. HUDSON Date:1[W» 3Ofio/f UNITED STATES DISTRICT JUDGE Richmond, Virginia move for such a reduction. Moreover, Plaintiff fails to identify a procedural vehicle that would allow the Court to revisit her sentence at this late juncture.
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