Davenport v. Levin et al, No. 3:2017cv00621 - Document 9 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge Henry E. Hudson on 11/30/2017. Copy mailed to Plaintiff as directed.(ccol, )
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Davenport v. Levin et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN D) ISTRICT OF VIRGINI Richmond Division DEC - I 2017 JOSEPH DAVENPORT, Plaintiff, v. DR. LEONARD LEVIN, et al., Defendants. ) ) ) ) ) ) ) ) CLERK, U.S. DiSih1CT COURl RICHMOND, VA Civil Action No. 3:17CV621-HEH MEMORANDUM OPINION (Dismissing Action Without Prejudice) On September 27, 2017, the Court conditionally docketed Plaintifr s action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on November 15, 2017, the Court directed Plaintiff to pay an initial partial filing fee of $12.25 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. Instead, Plaintiff submitted a letter wherein he acknowledges that he has $28.00 in his prison account, but he declined to pay the initial partial filing 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 Dockets.Justia.com prejudice. Plaintiff's Motion to Continue (ECF No. 8) will be denied. An appropriate Order shall accompany this Memorandum Opinion. Isl HENRY E. HUDSON Date: Nou ..20 2.0I? Richmond, Vilginia UNITED STATES DISTRICT JUDGE