Matthews v. James, Jr. et al, No. 3:2016cv00978 - Document 4 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 02/3/2017. Copy of Opinion mailed to Plaintiff.(ccol, )
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Matthews v. James, Jr. et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division p p ni FEB-6 5 MICHAEL MATTHEWS, VJl JJ CLERK, U.S. DISTfliCT COURT RICHMOND. VA Plaintiff, Civil Action No. 3:16CV978-HEH V. CHARLES E. JAMES, et al. Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on December 27, 2016, the Court conditionally docketed Plaintiffs action. The Court directed Plaintiff to affirm his intention to pay the full filing fee by signing and returning a consent to 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 thereofwould result in summary dismissal of the action. Plaintiffhas not complied with the order of this Court. Plaintiff failed to return a consent to collection of fees form. As a result, he does not qualify for informa pauperis status. Furthermore, he has notpaid the statutory filing fee for the instant action. See28 U.S.C. ยง 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 Opinic n. /s/ Date:^^ 3^20/^ HENRY E. HUDSON UNITED STATES DISTRICT JUDGE Richmond, Virginia