Espindola-Soto v. Johns et al, No. 3:2018cv00577 - Document 11 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice). Signed by District Judge Henry E. Hudson on 10/30/2018. Copy mailed to plaintiff. (tjoh, )

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Espindola-Soto v. Johns et al Doc. 11 I IN THE UNITED STATES DISTRICT COURT I g -in;! OCT 3 0 2018 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division d' CLERK, U.S. DISTRICT COURT RICHMOND. VA HUBERTO ESPINDOLA-SOTO, Plaintiff, Civil Action No. 3:18CV577-HEH V. TRACY JOHNS,etal. Defendants. MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice) By Memorandum Order entered on September 10,2018, the Court conditionally docketed Plaintiffs action. The Court directed Plaintiffto return his informa pauperis affidavit and affirm his intention to pay the full filing fee by signing and returning a consent to the collection offees form. The Court warned Plaintiff that a failure to comply with either ofthe above directives within thirty(30)days ofthe date ofentry thereof would result in summary dismissal ofthe action. Plaintiff has not complied with the orders ofthis Court. Plaintiff failed to return the informa pauperis affidavit and 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). 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 will accompany this Memorandum Opinion. HENRY E.HUDSON Date SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com

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