Harris v. Johnson et al, No. 7:2012cv00016 - Document 10 (W.D. Va. 2012)

Court Description: MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 04/03/2012. (kab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION THOMAS HARRIS, Plaintiff, v. GENE M. JOHNSON, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 7:12-cv-00016 MEMORANDUM OPINION By: Hon. Michael F. Urbanski United States District Judge Presently before the court is plaintiff s motion to proceed in forma pauperis and motion for default judgment. Plaintiff filed these motions after the court dismissed this 42 U.S.C. ยง 1983 action without prejudice on January 26, 2012, for failing to state a claim upon which relief may be granted. The action was never served on defendants, and nothing remains pending in order to proceed in forma pauperis. Accordingly, plaintiff s motions are DENIED as moot. The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to plaintiff. Entered: April 3, 2012 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge

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