Opinion
Civil Action No. 3:20CV751-HEH
12-17-2020
MOUSSA MOISE HABA, Plaintiff, v. COLONEL PERRY, et al., Defendants.
MEMORANDUM OPINION
(Dismissing Civil Rights Action Without Prejudice)
By Memorandum Order entered on November 9, 2020, the Court conditionally docketed Plaintiff's action. The Court directed Plaintiff to return an in forma pauperis affidavit the Court was sending to him. The Court warned Plaintiff that a failure to comply with the above directive 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. 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: December 17, 2020
Richmond, Virginia