Daniels v. Harler

Full title: JOSEPH A. DANIELS, Plaintiff, v. JOHN HARLER, Defendant

Court: United States District Court, E.D. Virginia, Richmond Division

Date published: Sep 30, 2009

Civil Action No. 3:09CV441 (E.D. Va. Sep. 30, 2009)

Opinion

Civil Action No. 3:09CV441.

September 30, 2009

MEMORANDUM OPINION

ROBERT PAYNE, District Judge

By Memorandum Order entered on July 30, 2009, 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 anin 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 complaint.See 28 U.S.C. § 1914(a). Such actions demonstrate a wilful failure to prosecute. See Fed.R.Civ.P. 41(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE.

The Clerk is directed to mail a copy of the Memorandum Opinion to Plaintiff.

It is so ORDERED.