Robinson v. O'Sullivan et al, No. 3:2018cv00581 - Document 5 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/01/2018. (Copy mailed to Plaintiff) (smej, )

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Robinson v. O'Sullivan et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SKACEY ROBINSON, Plaintiff, V. Civil Action No. 3:18CV581 JIM 0'SULLIVAN, ^ al., Defendants. MEMORANDUM OPINION By Memorandum Order entered Court conditionally docketed on September this action. 12, 2018, the At that time, the Court directed Stacey Robinson to submit a statement under oath or penalty of perjury that: (A) Identifies the nature of the action; (B) (C) States his belief that he is entitled to relief; Avers that he is unable to prepay fees or give security therefor; and, (D) Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Robinson with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Robinson to affirm his intention to pay the full filing fee by signing and returning a consent Robinson to the that a collection failure to of fees comply form. with The either Court of the warned above directives within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. Dockets.Justia.com Robinson has not complied with the order of this Court. Robinson failed to return the ^ forma pauperis affidavit and the consent to collection of fees form. As a not qualify for ^ forma pauperis status. result, he Furthermore, he has not paid the statutory filing fee for the instant action. 28 U.S.C. § 1914(a). failure to prosecute. Such conduct does demonstrates See Fed. R. Civ. P. 41(b). a See willful Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Robinson. /s/ EM. Robert E. Payne Senior United States District Judge Date: fO Richmond, Virginia ^ ^

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