Opinion
Civil Action No. 3:11CV543
11-09-2011
JOHN E. WOODWARD, Plaintiff, v. EDDIE PEARSON, et al., Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on September 13, 2011, the Court conditionally docketed Plaintiff's action. At that time, 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 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 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.
Robert E. Payne
Senior United States District Judge
Dated: November 9, 2011
Richmond, Virginia