Opinion
Civil Action No. 3:17CV394
09-12-2017
RODERICK L. PARKER, Plaintiff, v. D. ZOOK, et al., Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on June 19, 2017, the Court conditionally docketed the action. Roderick L. Parker requested leave to proceed in forma pauperis. By Memorandum Order entered on August 4, 2017, the Court directed Parker to pay an initial partial filing fee of $6.40 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). Parker has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Parker is not entitled to proceed in forma pauperis. Parker's disregard of the Court's directives 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 Parker.
/s/_________
Robert E. Payne
Senior United States District Judge Date: September 12, 2017
Richmond, Virginia
ORDER
In accordance with the accompanying Memorandum Opinion, it is ordered that the action is dismissed without prejudice because Parker failed to pay the initial partial filing fee or aver that he is unable to pay.
Should Parker desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the ability to appeal.
The Clerk is directed to send a copy of the Order to Parker.
It is so ORDERED.
/s/_________
Robert E. Payne
Senior United States District Judge Date: September 12, 2017
Richmond, Virginia