Williams v. Nurse Hearn et al, No. 3:2017cv00308 - Document 5 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 06/28/2017. Copy mailed to plaintiff. (tjoh, )
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Williams v. Nurse Hearn et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division PERCELL WILLIAMS, Plaintiff, V. Civil Action No. 3:17CV308 NURSE KEARN.etaL, Defendants. MEMORANDUM OPINION By Memorandum Order entered on May 2, 2017, the Court conditionally docketed Plaintiffs civil action. At that time, the Court directed Plaintiff to submit a statement under oath or penalty of peijury that: (A) (B) Identifies the nature of the action; States his belief that he is entitled to relief; (C) Avers that he is unable to prepayfees or give security therefor; and, (D) Includes a statement of the assets he possesses. See 28 U.S.C. § 1915(a)(1). The Court provided Plaintiff with an in forma pauperis affidavit form for this purpose. Additionally, the Court directed Plaintiffto affirm his intention to pay the full filing fee by signing and returning a consent to collection of fees form. The Court warned Plaintiff that a failure to comply with either of the above directives within thirty (30) days of the date of entry thereof would result in summary dismissal ofthe action.^ ' On May 10, 2017, the Court re-mailed the May 2, 2017 Order and accompanying documents to a new address Plaintiff provided in another pending civil action. Dockets.Justia.com Plaintiff has not complied with the orders of this Court. Plaintiff failed to return a completed informa pauperis affidavit form and a consent to collection of fees form. As a result, he does not qualify for informa 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 accompany this Memorandum Opinion. Date: ^^ Richmond, Virginia John A. Gibney, Jr. United States Dis
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