Robert E. Payne
MEMORANDUM OPINION
By Memorandum Order entered on October 22, 2013, the Court conditionally docketed Grady E. Mays's action. At that time, the Court directed Mays to affirm his intention to pay the full filing fee by signing and returning a consent to the collection of fees form. The Court warned Mays 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.
Mays has not complied with the order of this Court. Mays failed to return 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. § 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.
The Clerk is directed to send a copy of the Memorandum Opinion to Mays.
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Robert E. Payne
Senior United States District Judge
Date: January 2, 2014
Richmond, Virginia