Goldstein v. Harris et al, No. 3:2017cv00499 - Document 5 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr. on 12/11/17. (sbea, )
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Goldstein v. Harris et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DAVID GOLDSTEIN, Plaintiff, V. Civil Action No. 3:17CV499 ANNE HOLLAND HARRIS, et ai. Defendants. MEMORANDUM OPINION By Memorandum Order entered on October 31, 2017, 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) (C) (D) Identifies the nature of the action; States his belief that he is entitled to relief; Avers that he is unable to prepay fees or give security therefor; and, Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an in forma paupehs affidavit form for this purpose. Additionally, the Court directed Plaintiffto affirm his intention to pay the full filing fee by signing and returning a consent to collection of fees form. The Court warned Plaintiffthat 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 Plaintiff has not complied with the orders of this Court. Plaintiff failed 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. John A. Gibney, Jr. / ) Date: Richmond, Virgmia United States District Jud
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