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Parker v. Unknown

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
May 29, 2015
Civil Action No. 3:15CV164 (E.D. Va. May. 29, 2015)

Opinion

Civil Action No. 3:15CV164

05-29-2015

JAMES EDWARD HERBERT PARKER, Plaintiff, v. UNKNOWN, Defendant.


MEMORANDUM OPINION

By Memorandum Order entered on April 8, 2015, the Court conditionally docketed Plaintiff's civil action. At that time, the Court directed Plaintiff to submit a statement under oath or penalty of perjury that:

(A) Identifies the nature of the action;
(B) States his belief that he is entitled to relief;
(C) Avers that he is unable to prepay fees or give security therefor; and,
(D) Includes a statement of the assets he possesses.
See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an in forma pauperis affidavit form for this purpose.

Additionally, the Court directed Plaintiff to 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 of the above directives within thirty (30) days of the date of entry thereof would result in summary dismissal of the action.

Plaintiff has not complied with the orders of this Court. Plaintiff failed to return a completed in forma pauperis affidavit form and a consent to collection of fees form. As a result, he does not qualify for in forma pauperis status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. § 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.

An appropriate Order shall accompany this Memorandum Opinion.

/s/_________

M. Hannah Lauck

United States District Judge
Date: MAY 29 2015
Richmond, Virginia


Summaries of

Parker v. Unknown

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
May 29, 2015
Civil Action No. 3:15CV164 (E.D. Va. May. 29, 2015)
Case details for

Parker v. Unknown

Case Details

Full title:JAMES EDWARD HERBERT PARKER, Plaintiff, v. UNKNOWN, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Date published: May 29, 2015

Citations

Civil Action No. 3:15CV164 (E.D. Va. May. 29, 2015)