Carthen v. LaFave

District Court, W.D. Virginia

Carthen v. LaFave

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

TREMANE D. CARTHEN, ) Plaintiff, ) Case No. 7:22-cv-00202 ) v. ) ) By: Michael F. Urbanski LT. LAFAVE, et al., ) Chief United States District Judge Defendants. )

MEMORANDUM OPINION

Plaintiff Tremane D. Carthen, a federal inmate proceeding pro se, filed this civil action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,

403 U.S. 388

(1971). By order entered April 11, 2022, the court directed Carthen to submit certain financial information within twenty days in order to obtain authorization to proceed without prepayment of the filing fee. See ECF No. 2. The order expressly warned Carthen that failure to submit the requested information would result in the dismissal of this action without prejudice. As of this date, Carthen has not provided the requested financial information or had any further communication with the court. He has not complied with the court’s order, and the time for doing so has expired. Accordingly, the court will dismiss the action without prejudice. See Ballard v. Carlson,

882 F.2d 93

, 95–96 (4th Cir. 1989) (recognizing that courts have the authority to order dismissal of an action for failure to comply with court orders, and finding that dismissal was appropriate where the pro se litigant disregarded a court order despite being warned that failure to comply would result in dismissal). An appropriate order will be entered. Entered: June 3, 2022 Digitally signed by Michael F. Urbanski Chief U.S. District Judge Date: 2022.06.03 12:13:05 -04’00' Michael F. Urbanski Chief United States District Judge

Reference

Status
Unknown