Opinion
Civil Action 3:23CV792
03-05-2024
CHRISTOPHER DEWAYNE LUMPKIN, Plaintiff. v. VIRGINIA DEPARTMENT OF CORRECTIONS DIRECTOR DOTSON, et al., Defendants.
MEMORANDUM OPINION
John A. Gibney, Jr., Senior United States District Judge.
On November 30, 2023, the Court conditionally docketed Plaintiffs action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on January 18, 2024, the Court directed Plaintiff to pay an initial partial filing fee of $72.94 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within thirty (30) days of the date of entry thereof. See 28 U.S.C. § 1915(b)(1). Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Plaintiff, therefore, is not entitled to proceed in forma pauperis. Plaintiffs disregard of the Court's directives warrants dismissal of the action. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.
Plaintiff filed a “Motion for Appeal" in this action. (ECF No. 7.) This case, however, had clearly not been dismissed and the appeal is not a proper interlocutory appeal. See 28 U.S.C. § 1292. Plaintiff also indicates that he will pay every month. (Id. at 1-2.) Plaintiff, however, has not paid the initial partial filing fee in a timely manner and has failed to comply with the directives of the Court.
An appropriate Order shall issue.