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Gelardos v. Hampton Roads Regional Jail

United States District Court, Fourth Circuit

January 9, 2014

MARINOS N. GELARDOS, Plaintiff,
v.
HAMPTON ROADS REGIONAL JAIL, et al., Defendants.

MEMORANDUM OPINION (Dismissing Civil Rights Action Without Prejudice)

HENRY E. HUDSON, District Judge.

By Memorandum Order entered on November 7, 2013, the Court conditionally docketed Plaintiff's action. The Court directed Plaintiff to return his in forma pauperis affidavit and 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 either of 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 in forma pauperis affidavit and 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 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 issue.


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