United States District Court, W.D. Virginia, Roanoke Division
March 25, 2014
SHIRLAND L. FITZGERALD, Plaintiff,
Robertson, et al, Defendant(s)
GLEN E. CONRAD, Chief District Judge.
Shirland L. Fitzgerald, proceeding pro se, filed a civil rights complaint, pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). By order entered March 3, 2014, the court directed plaintiff to return to the court within 10 days from the date of the order a statement of assets, an inmate account form, and a certified copy of plaintiffs trust fund account statement for the six-month period immediately preceding the filing of the complaint, obtained from the appropriate prison at which plaintiff is or was confined during that six-month period. Plaintiff was advised that a failure to comply would result in dismissal of this action without prejudice.
More than 10 days have elapsed, and plaintiff has failed to comply with the described conditions because he has not replied to the conditional filing order. Accordingly, the court dismisses the action without prejudice and strikes the case from the active docket of the court. Plaintiff may refile the claims in a separate action once plaintiff is prepared to comply with the noted conditions.
The Clerk is directed to send a copy of this Memorandum Opinion and accompanying Order to plaintiff.