Rivadeneira v. Department of Homeland Security (D.H.S.) et al, No. 3:2015cv00366 - Document 3 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 08/19/2015. Copy mailed to plaintiff on 8/19/2015.(tjoh, )

Download PDF
Rivadeneira v. Department of Homeland Security (D.H.S.) et al Doc. 3 p 11 b IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division L S «UG 1 9 2015 r ' 'd CLI RK U.S. DISTRICT CUUHT RiCHMOND, VA FELIX GUZMAN RIVADENEIRA, Plaintiff, V. Civil Action No. 3:15CV366 DEPARTMENT OF HOMELAND SECURITY (D.H.S.), et aL, Defendants. MEMORANDUM OPINION By Memorandum Order entered on July 13,2015, the Court conditionally docketed Plaintiffs civil action. At that time, the Court directed Plaintiff to submit 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) (D) Avers that he is unable to prepayfees or give security therefor; and, Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Courtprovided Plaintiffwith an informa pauperis affidavit form for this purpose. Additionally, the Court directed Plaintiffto affirm his intention to pay the full filing fee by signing andreturning 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. Dockets.Justia.com Plaintiffhas not complied with the orders of this Court. Plaintifffailed to return a completed informa pauperis affidavit form and 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. Isl James R. Spencer j) tg Richmond, Virginia Senior U. S. District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.