Speller v. Commonwealth, No. 3:2015cv00342 - Document 9 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 11/13/2015. (sbea, )
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Speller v. Commonwealth Doc. 9 I 3 2C:5 IN THE UNITED STATES DISTRICT COURT u: FOR THE EASTERN DISTRICT OF VIRGINIA CLERK. U.S. niSTRICT COURT Richmond Division Ria;'' tiD. VA WALTER SPELLER, Petitioner, Civil Action No. 3:15CV342-HEH V. COMMONWEALTH, Respondent. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on October 6, 2015, the Court conditionally docketed Petitioner's action. The Court directed Petitioner to affirm his intention to pay the full filing fee by signing and returning a consent to collection of fees fonn. The Court warned Petitioner 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. Petitioner has not complied with the order of this Court. Petitioner failed to return a 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. § 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. •10^ Date:A!dV:J4_2o^ /s/ HENRY E. HUDSON UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com
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