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Newkirk v. Davis

United States District Court, Fourth Circuit

December 12, 2013

KENNETH NEWKIRK, Plaintiff,
v.
SIRENA R. DAVIS, et al., Defendants.

MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice)

HENRY E. HUDSON, District Judge.

By Memorandum Order entered on October 21, 2013, the Court conditionally docketed Plaintiffs action. The Court directed Plaintiff to 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 the above directive 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 informa pauperis status. Furthermore, he has not paid the statutory filing fee for the instant action. See 28 U.S.C. ยง 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.


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