Parker v. Nicholson et al, No. 7:2011cv00412 - Document 11 (W.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 9/28/2011. (tvt)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION MICHAEL STEPHON PARKER, Plaintiff, Civil Action No. 7:11-cv-00412 v. MEMORANDUM OPINION MAJOR LAURIE NICHOLSON, et al., Defendants. By: Hon. Michael F. Urbanski United States District Judge By Order entered September 1, 2011, the court assessed a $350.00 filing fee and granted plaintiff fifteen days from the date of the Order to forward to the court a statement of his assets and a report regarding his trust account for the six months prior to August 2011, signed by each appropriate prison official where plaintiff was confined during that time, so the court could determine a payment schedule. Plaintiff was advised that failure to return the required paperwork would result in dismissal of this action without prejudice. Plaintiff filed a certified inmate account report of July and August 2011, not for the entire six-month period prior to August 2011. Therefore, plaintiff did not comply with the conditional filing order, despite the warning that his action may be dismissed without prejudice for noncompliance, and the court cannot determine the appropriate filing fee assessment, pursuant to 28 U.S.C. ยง 1915(a). Accordingly, this action must be dismissed without prejudice for plaintiff s failure to pay the filing fee or properly document his application to proceed in forma pauperis after the court s order. Plaintiff may refile his claims in a new and separate action at the time he can pay the $350 filing fee or file the necessary documents to proceed in forma pauperis. The Clerk is directed to send a copy of this Memorandum Opinion and the accompanying Order to plaintiff. Entered: September 28, 2011 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
