Opinion
Civil Action No. 3:12CV688-HEH
05-16-2013
ROBERT EARL TIPPENS, JR. Plaintiff, v. HAROLD CLARKE, et al., Defendants.
MEMORANDUM OPINION
(Dismissing Action Without Prejudice)
On November 5, 2012, the Court conditionally docketed Plaintiff's action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on February 19, 2013, the Court directed Plaintiff to pay an initial partial filing fee of $36.03 or state under penalty of perjury that he did not have sufficient assets to pay such a fee within eleven (11) 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. Therefore, Plaintiff is not entitled to proceed in forma pauperis. Plaintiff's disregard of the Court's directive warrants dismissal of the action. Accordingly, the action will be dismissed without prejudice.
The Clerk is DIRECTED to send a copy of the Memorandum Opinion to Plaintiff.
It is so ORDERED.
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HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE
Dated: May 16, 2013
Richmond, Virginia