Howe v. Manning et al, No. 3:2016cv00660 - Document 8 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. See for complete details. Signed by District Judge M. Hannah Lauck on 11/09/2016. Clerk mailed copy to pro se Plaintiff. (nbrow)

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Howe v. Manning et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division FRANK EDWARD HOWE, III, Plaintiff, v. Civil Action No. 3:16CV660 OFFICER MANNING, et aL, Defendants. MEMORANDUM OPINION On August 26, 2016, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on September 15, 2016, the Court directed Plaintiff to pay an initial partial filing fee of $.12 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11) days of the date of entry thereof. See 28 U.S.C. ยง 1915(b)(l). Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Plaintiff is not entitled to proceed informa pauperis. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall issue. Date: NOV 0 9 2016 Richmond, Virginia M.Hann United Sta es District Judge Dockets.Justia.com

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