Reyes Sr v. Clarke, No. 3:2019cv00112 - Document 8 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). Signed by District Judge Henry E. Hudson on 04/30/2019. (smej, )
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Reyes Sr v. Clarke Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JORGE LUIS REYES,JR., Plaintiff, Civil Action No. 3:19CV112-HEH V. HAROLD W. CLARKE, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on March 8, 2019,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 of the date of entry thereof would result in summary dismissal ofthe action. On March 29, 2019, Plaintiff returned an unsigned consent to collection offees form. Accordingly, by Memorandum Order entered on April 4, 2019, the Court mailed Plaintiff a second consent to collection of fees form and directed Plaintiff to sign and return the form within fourteen(14)days ofthe date of entry thereof if he wished to proceed with this action. Plaintiff has not complied with the orders 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. Dockets.Justia.com An appropriate Order shall accompany this Memorandum Opinion. Is! HENRY E. HUDSON Date: Aor./ 3d SOl'i Richmond, Virginia UNITED STATES DISTRICT JUDGE
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