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Case 3:12-cv-00785-REP Document 9 Filed 07/30/13 Page 1 of 2 PageID# 49

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

DEON COBB,

Plaintiff,

v.

Civil Action No. 3:12CV785

DIRECTOR VDOC, et al.,

Defendants.

MEMORANDUM OPINION

By Memorandum Order entered on March 28, 2013, the Court

conditionally docketed the action.

At

that

time,

the

Court

directed Deon Cobb 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 Cobb that a failure to comply

with the above directives within thirty (30) days of the date of

entry thereof would result in summary dismissal of the action.

Cobb has not complied with the order of this Court.

Cobb

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.

Case 3:12-cv-00785-REP Document 9 Filed 07/30/13 Page 2 of 2 PageID# 50

The Clerk is DIRECTED to send a copy of the Memorandum

Opinion to Cobb.

/s/ pf

Robert E. Payne
Senior United States District Judge

Date:
Richmond/ Virginia

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