Goldstein v. Clarke et al, No. 3:2017cv00658 - Document 5 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 11/20/2017. Copy to Pro Se Plaintiff as directed. (jsmi, )
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Goldstein v. Clarke et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DAVID SCOTT GOLDSTEIN, Plaintiff, V. Civil Action No. 3:17CV658 HAROLD CLARKE, et aL, Defendants. MEMORANDUM OPINION By Memorandum Order entered on October 12, 2017, the Court conditionally docketed Plaintiffs action. At that time, 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 the above directive within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. Plaintiff has not complied with the Court's order to return 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). Plaintiffs 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. Date: I^Ml7 John A. Gibney, Jr. / ^ United States District Juda Richmond, Virginia