Perry v. Commonwealth of Virginia Supreme Court, No. 3:2017cv00687 - Document 4 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). Signed by District Judge Henry E. Hudson on 12/28/2017. Copy mailed to pro se petitioner. (tjoh, )

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Perry v. Commonwealth of Virginia Supreme Court Doc. 4 p p IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ! (UUl IiC 28 2017 j i iUj \zJ c=Q CLERK, U.S. DISTRICT COURT RICHMOND, VA Richmond Division ALBERT LEWIS PERRY, JR., Petitioner, Civil Action No. 3:17CV687-HEH V. COMMONWEALTH OF VIRGINIA SUPREME COURT, Respondent. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on November 17, 2017, the Court conditionally docketed Petitioner's action. The Court directed Petitioner to return his informa pauperis affidavit and affirm his intention to pay the full filing fee by signing and returning a consentto the collection of fees form. The Court warned Petitioner 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. Petitioner has not complied with the order of this Court. Petitioner 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. § 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. /s/ HENRY E. HUDSON Dat£3>fc«. zy, 2011 UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com

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