McCutchen v. Irving et al, No. 3:2018cv00639 - Document 6 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See OPINION for details. Signed by District Judge Henry E. Hudson on 11/21/2018. Copy mailed to Plaintiff.(ccol, )
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McCutchen v. Irving et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA i nOV 2 1 2018 Richmond Division DOMINIC McCUTCHEN, V. ) ANTOINETTE V.IRVING,el al., ) ) ) r CLERK, U.S. DiSTRiCT COURT RICHMOND. VA ) ) ) Plaintiff, Defendants. L IVj - ..J Civil Action No. 3:18CV639-HEH ) MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on October 4, 2018, the Court conditionally docketed Plaintiffs action. 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 ofthe date of entry thereof would result in summary dismissal ofthe action. Plaintiff has not complied with the order of this Court. Plaintiff failed 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). 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 accompany this Memorandum Opinion. /./ Date: Richmond, Virginia Henry E. Hudson Senior United States District Judge Dockets.Justia.com
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