Brevard v. Smith, No. 3:2020cv00502 - Document 4 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice). Signed by District Judge Henry E. Hudson on 9/8/2020. (Copy mailed to Plaintiff) (smej, )
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Brevard v. Smith Doc. 4 Case 3:20-cv-00502-HEH-RCY Document 4 Filed 09/08/20 Page 1 of 2 PageID# 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ROBIN BREVARD, Plaintiff, Civil Action No. 3:20CV502-HEH V. MR.RANDEL SMITH, Defendant. MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice) By Memorandum Order entered on July 20, 2020,the Court conditionally docketed Plaintiffs action. The Court directed Plaintiffto return the informa pauperis affidavit and affirm his intention to pay the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Plaintiff that a failure to comply with either ofthe above directives within thirty (30)days ofthe date of entry thereof would result in summary dismissal ofthe action. Plaintiff has not complied with the order ofthis Court. Plaintiff failed to return the informa pauperis affidavit and a consent to collection offees 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 Case 3:20-cv-00502-HEH-RCY Document 4 Filed 09/08/20 Page 2 of 2 PageID# 13 An appropriate Order will accompany this Memorandum Opinion. /s/ HENRY E. HUDSON Date: Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE
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