Carter v. Kincaid, No. 3:2018cv00468 - Document 5 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge M. Hannah Lauck on 08/30/2018. Copy of Memorandum Opinion mailed to Plaintiff.(ccol, )
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Carter v. Kincaid Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ALBERT CARTER, Plaintiff, I\ V. aV.HMOND..W Civil Action No.3:18CV468 STACEY KINCAID, Defendant. MEMORANDUM OPINION By Memorandum Order entered on July 17,2018, 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 the collection offees form. The Court wamed Plaintiff that a failure to comply with the above directive within thirty(30)days ofthe date of entry thereof would result in summary dismissal ofthe action. Plaintiff has not complied with the Court's order to retum a consent to collection offees 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. M. Hannah Ls ^^ ^ - United States Di^fcf Judge Date: AU6 3 0 2018 Richmond, Virginia Dockets.Justia.com
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