Wilson v. Unknown, No. 3:2022cv00724 - Document 3 (E.D. Va. 2023)

Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge David J. Novak on 2/10/2023. Memorandum Opinion was mailed to the plaintiff. (sbea)

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Wilson v. Unknown Doc. 3 Case 3:22-cv-00724-DJN-MRC Document 3 Filed 02/13/23 Page 1 of 2 PageID# 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division VINCENT WILSON, Plaintiff, Civil No. 3 :22cv724 (DJN) V. UNKNOWN, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se, submitted a letter requesting that the Court send him more forms for filing a 42 U.S.C. § 1983 complaint. By Memorandum Order entered on November 28, 2022, the Court explained that the Clerk had already sent Plaintiff at least ten § 1983 complaint forms and informa pauperis affidavit forms. (ECF No. 2.) The Court had previously instructed Plaintiff that he could maintain a blank § 1983 complaint form and make copies ofit ifhe wished to file future complaints. See Wilson v. 0 'Bryant, No. 3:22cv556 (E.D. Va. filed Aug. 17, 2022), (ECF No. 9). Additionally, the Court explained that Plaintiff also had at least thirteen separate civil actions pending in this Court that were at various stages of the screenmg process. Nevertheless, the Court directed the Clerk to mail Plaintiff a standardized form for filing a 42 U.S.C. § 1983 complaint. The Court explained that if Plaintiff wished to file a complaint at this time, he should complete and return the form to the Court within thirty (30) days ofthe date of entry thereof. The Court noted that ifPlaintiff failed to take any action within that time, the Court would dismiss the action without prejudice. See Fed. R. Civ. P. 41(b). Dockets.Justia.com Case 3:22-cv-00724-DJN-MRC Document 3 Filed 02/13/23 Page 2 of 2 PageID# 11 More than thirty (30) days have elapsed and Plaintiff has not completed and returned the § 1983 complaint form. Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. Let the Clerk file a copy of this Memorandum Opinion electronically and send a copy to Plaintiff. An appropriate Order shall issue. /s/ David J. Novak United States District Judge Richmond, Virginia Dated: Februarv 10, 2023 2

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