Varner v. Henry, et al., No. 3:2020cv00579 - Document 5 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION (Dismissing Action Without Prejudice). See Opinion for details. Signed by District Judge Henry E. Hudson on 1/11/2021. (sbea,)
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Varner v. Henry, et al. Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CARL ODELL VARNER,JR., Plaintiff, Civil Action No. 3:20CV579-HEH V. NURSE SUPERVISOR HENRY,et aL Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on September 28, 2020 the Court directed Plaintiffto complete and return an informa pauperis affidavit. Because it was unclear whether the Clerk had sent Plaintiffthe informa pauperis affidavit to Plaintiff, by Memorandum Order entered on December 16,2020,the Court sent Plaintiffthe informa pauperis affidavit and directed him to complete and return the same to the Court within eleven(11)days ofthe date of entry thereof. More than eleven(11)days have elapsed since the entry ofthe December 16, 2020 Memorandum Order and Plaintiff has not submitted the informa pauperis affidavit. 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. /s/ HENRY E. HUDSON Date:JAqua>rM Zoa-• UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com
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