Spellman v. Fowler et al, No. 3:2015cv00675 - Document 4 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 02/25/2016. (ccol, )
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Spellman v. Fowler et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division FFB 16 201$ ELLIJAH SPELLMAN, r»T • 4- • Plaintiff, CLGRi^U S-^'STRiCT COURT RICHMOND. VA V. Civil Action No. SERGEANT FOWLER, ^ 3:15CV675 al., Defendants. MEMORANDUM OPINION By Memorandum Order entered on December 22, conditionally docketed this action. directed Ellijah Spellman to At submit a that 2015, time, the Court the Court 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 (D) security therefor; and, Includes a statement of the assets he possesses. See 28 U.S.C. that he is unable § 1915(a)(1). to prepay fees or give The Court provided Spellman with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Spellman to affirm his intention to pay the full filing fee by signing and returning a consent Spellman to the that a collection failure directives within thirty to (3 0) of fees comply form. with The either Court of the warned above days of the date of entry thereof would result in summary dismissal of the action. Dockets.Justia.com Spellman has Spellman failed the consent to not to complied return the the m forma fees collection of not qualify for with order form. of pauperis As forma pauperis status. a this Court. affidavit result, he Furthermore, U.S.C. § 1914(a). failure to prosecute. Such conduct See Fed. R. Civ. demonstrates P. 41(b). a does he has not paid the statutory filing fee for the instant action. 28 and See willful Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Spellman. /s/ Robert E. flu Payne Senior United States District Judge Date: Richmond, Vi^^inia
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