Smith v. Pearson, No. 3:2014cv00347 - Document 3 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 08/22/2014. Copy mailed to Petitioner on 8/22/14.(tjoh, )

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I P IN THE UNITED STATES DISTRICT COURT .22 2014 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division [^ L, CLERK, U.S. DISTRICT COURT RICHMOND. VA RALPH M. SMITH, Petitioner, Civil Action No. 3:14CV347 v. EDDIE PEARSON, Respondent. MEMORANDUM OPINION Petitioner, proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Memorandum Order entered on June 30, 2014, the Court directed Petitioner to complete and return, within fifteen days of the date of entry thereof, an affidavit in support of his request to proceed informapauperis or pay the $5.00 filing fee. The Court warned Petitioner that the failure to comply with the above requirement would result in the dismissal of the action. See Fed. R. Civ. P. 41(b). More than fifteen (15) days have passed since the entry of the June 30, 2014 Memorandum Order and Petitioner has not returned the required informa pauperis affidavit or paid the filing fee. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall issue. /s/ James R. Spencer Date: *'** ¢<¥ Richmond, Virginia li SeniorU. S. District Judge

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