Rials v. Smith et al, No. 3:2020cv00688 - Document 9 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 11/30/2020. Copy to Plaintiff as directed. (jsmi, )

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Rials v. Smith et al Doc. 9 Case 3:20-cv-00688-HEH-EWH Document 9 Filed 11/30/20 Page 1 of 1 PageID# 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RONEIL RIALS, Plaintiff, Civil Action No. 3:20CV688-HEH V. G. SMITH,etal. Defendants. MEMORANDUM OPINION (Dismissing Action Without Prejudice) On September 15, 2020, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed informa pauperis. By Memorandum Order entered on October 27, 2020,the Court directed Plaintiffto pay an initial partial filing fee of $5.46 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11) days ofthe date of entry thereof. See 28 U.S.C. ยง 1915(b)(1). 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 ofthe Court's directives warrants dismissal ofthe action. Accordingly, the action will be dismissed without prejudice. An appropriate Order shall accompany this Memorandum Opinion. Is/ HENRY E. HUDSON Date: SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com

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