Keyes v. Swann et al, No. 3:2019cv00564 - Document 24 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 11/14/19. (Copy mailed to plaintiff) (jtho, )
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Keyes v. Swann et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DARNELL ALONZO KEYES, Plaintiff, Civil Action No.3:19CV564 V. RICHARD SWANN,et al.. Defendants. MEMORANDUM OPINION On August 23, 2019, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on September 25, 2019, the Court directed Plaintiff to pay an initial partial filing fee of$28.50 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11)days of the date of entry thereof. Sec 28 U.S.C. ยง 1915(b)(1). Plaintiff responded. However, he failed to proffer an adequate reason why he should be permitted to proceed with this action without prepayment. Accordingly, by Memorandum Order entered on October 24,2019, the Court again directed Plaintiff to pay an initial partial filing fee of$28.50 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11)days of the date of entry thereof. More than eleven (11)days have elapsed and Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Plaintiff is not entitled to proceed informa pauperis. Plaintiffs disregard of the Court's directives warrants dismissal ofthe action. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE!. An appropriae Order shall issue. M M. Hannah Lauck Uniled Statej^/District Judge M. Hannah Lauck Date: NflV 1 L 9010 ^ United States District Judge Richmond, Virginia Dockets.Justia.com
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