Nickens v. Dr. General et al, No. 3:2017cv00118 - Document 4 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Henry E. Hudson on 04/11/2017. Copy mailed to Plaintiff.(ccol, )
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Nickens v. Dr. General et al Doc. 4 IN THE UNITED ST ATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIAM NICKENS, Plaintiff, v. Dr. GENERAL, et al., Defendants. ) ) ) ) ) APR I I 20!7 CLERK. U.S. D1STM1CT COURl RICHMOND, VA Civil Action No. 3: 17CV118 ) ) ) MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice) By Memorandum Order entered on February 28, 2017, the Court conditionally docketed Plaintiffs action. The Court directed Plaintiff to return his informa pauperis affidavit and affirm his intention to pay the full filing fee by signing and returning 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. Plaintiff has not complied with the order of this Court. Plaintiff failed to return the informa pauperis affidavit 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. 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 issue. Date:Apr.i JI 20/? Richmond, Virginia Isl HENRY E. HUDSON UNITED STA TES DISTRICT JUDGE Dockets.Justia.com
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