Clark v. Andrews, No. 3:2019cv00918 - Document 4 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 2/6/2020. Copy to Plaintiff as directed. (jsmi, )
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Clark v. Andrews Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RASHAD E. CLARK, Plaintiff, V. Civil Action No, 3:19CV918 WARDEN J. ANDREWS, Defendant. MEMORANDUM OPINION By Memorandum Order entered on December 18, 2019, the Court conditionally docketed directed Rashad E. this action. Clark to submit At that time, the a statement under Court oath or penalty of perjury that: (A) (B) Identifies the nature of the action; States his belief that he is entitled to relief; (C) 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 Clark with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Clark to affirm his intention to pay the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Clark that a failure to comply with either of the above directives within thirty (30) days of the date of entry thereof would result in summary dismissal of the action. Dockets.Justia.com Clark has not complied with the order of this Court. Clark failed to return the ij;i forma pauperis affidavit and the consent to collection of fees form. in forma pauperis status. As a result, he does not qualify for Furthermore, he has statutory filing fee for the instant action. § 1914(a). prosecute. Such conduct demonstrates See Fed. R. Civ. P. 41(b). a not paid See 28 willful the U.S.C. failure to Accordingly, this action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Clark. /s/ Robert E. Payne Senior United States District Judge Date: ^ Richmond, Virginia (o^ >^*2^
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