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Brevard v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Sep 8, 2020
Civil Action No. 3:20CV502-HEH (E.D. Va. Sep. 8, 2020)

Opinion

Civil Action No. 3:20CV502-HEH

09-08-2020

ROBIN BREVARD, Plaintiff, v. MR. RANDEL SMITH, Defendant.


MEMORANDUM OPINION
(Dismissing Civil Rights Action Without Prejudice)

By Memorandum Order entered on July 20, 2020, the Court conditionally docketed Plaintiff's action. The Court directed Plaintiff to return the in forma pauperis affidavit and 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 order of this Court. Plaintiff failed to return the in forma pauperis affidavit 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 will accompany this Memorandum Opinion.

/s/_________

HENRY E. HUDSON

SENIOR UNITED STATES DISTRICT JUDGE Date: September 8, 2020
Richmond, Virginia


Summaries of

Brevard v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Sep 8, 2020
Civil Action No. 3:20CV502-HEH (E.D. Va. Sep. 8, 2020)
Case details for

Brevard v. Smith

Case Details

Full title:ROBIN BREVARD, Plaintiff, v. MR. RANDEL SMITH, Defendant.

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

Date published: Sep 8, 2020

Citations

Civil Action No. 3:20CV502-HEH (E.D. Va. Sep. 8, 2020)