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Day v. Cantellano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Jul 30, 2019
Civil Action No. 3:19CV231-HEH (E.D. Va. Jul. 30, 2019)

Opinion

Civil Action No. 3:19CV231-HEH

07-30-2019

ROGER CHARLES DAY, JR., Plaintiff, v. PATRICIA ESPINOZA CANTELLANO, et al., Defendants.


MEMORANDUM OPINION
(Dismissing Action Without Prejudice)

By Memorandum Order entered on May 8, 2019, the Court conditionally docketed Plaintiff's action. The Court directed Plaintiff to return his 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 shall issue.

/s/_________

HENRY E. HUDSON

SENIOR UNITED STATES DISTRICT JUDGE Date: July 30, 2019
Richmond, Virginia


Summaries of

Day v. Cantellano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Jul 30, 2019
Civil Action No. 3:19CV231-HEH (E.D. Va. Jul. 30, 2019)
Case details for

Day v. Cantellano

Case Details

Full title:ROGER CHARLES DAY, JR., Plaintiff, v. PATRICIA ESPINOZA CANTELLANO, et…

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

Date published: Jul 30, 2019

Citations

Civil Action No. 3:19CV231-HEH (E.D. Va. Jul. 30, 2019)