Opinion
Civil Action No. 3:17CV618
11-20-2017
DAVID GOLDSTEIN, Plaintiff, v. HAROLD CLARKE, et al., Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on September 25, 2017, the Court conditionally docketed Plaintiff's action. At that time, the Court directed Plaintiff to affirm his intention to pay the full filing fee by signing and returning a consent to collection of fees form. The Court warned Plaintiff that a failure to comply with the above directive within thirty (30) days of the date of entry thereof would result in summary dismissal of the action.
Plaintiff has not complied with the Court's order to return 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). Plaintiff's conduct demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE.
On October 2, 2017, the Court received a letter from Plaintiff asking the Court "to send this bill for [$]350.00 to Mr. Alan Greenfield." (Letter 1, ECF No. 5 (capitalization corrected).) Plaintiff, not the Court, is responsible for arranging for payment of the full $350.00 filing fee plus the $50 administrative fee for filing this action. To the extent Plaintiff wishes to have someone other than himself submit the full filing fee, he should submit a new complaint accompanied by the required $400. --------
An appropriate Order shall accompany this Memorandum Opinion.
/s/_________
John A. Gibney, Jr.
United States District Judge Date: 11/20/17
Richmond, Virginia