Opinion
Civil No. 3:20cv155 (DJN)
06-30-2020
DERVON M. TATE, Plaintiff, v. SGT EPLING, et al., Defendants.
MEMORANDUM OPINION
On March 16, 2020, the Court conditionally docketed Plaintiff Devon M. Tate's ("Plaintiff") action. Plaintiff requested leave to proceed in forma pauperis. By Memorandum Order entered on May 4, 2020, the Court directed Plaintiff to pay an initial partial filing fee of $35.16 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). Plaintiff has neither paid the initial partial filing fee nor averred that he cannot pay such a fee. Therefore, Plaintiff is not entitled to proceed in forma pauperis. Plaintiff's disregard of the Court's directives warrants dismissal of the action under Federal Rule of Civil Procedure 41(b). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall issue.
The Clerk is directed to file this Memorandum Opinion electronically and send a copy to Plaintiff.
/s/_________
David J. Novak
United States District Judge Richmond, Virginia
Date: June 30, 2020