January 17, 2014
KHADRION GARDNER, Plaintiff,
T. HARRIS, Defendant.
JOHN A. GIBNEY, Jr., District Judge.
By Memorandum Order entered on October 22, 2013, the Court conditionally docketed Plaintiff's action. At that time, 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 Court's order to return a 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. § 1914(a). Plaintiff's 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.