Edwards v. Virginia Department of Corrections

District Court, W.D. Virginia

Edwards v. Virginia Department of Corrections

Trial Court Opinion

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

DERRICK A. EDWARDS, ) Plaintiff, ) Case No. 7:22-cv-00213 ) v. ) ) By: Michael F. Urbanski VIRGINIA DEPARTMENT OF ) Chief United States District Judge CORRECTIONS, et al., ) Defendants. )

MEMORANDUM OPINION

Plaintiff Derrick A. Edwards, a Virginia inmate proceeding pro se, filed this civil action under

42 U.S.C. § 1983

. By order entered May 9, 2022, the court denied Edwards’s request to proceed in forma pauperis and directed him to pay the applicable filing fees within twenty days. See ECF No. 4. The order expressly warned Edwards that failure to pay all applicable fees within the time allotted would result in the dismissal of this action without prejudice. As of this date, Edwards has not paid the filing fees 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 21, 2022 Digitally signed by Michael F. Urbanski Chief US. District Judge Date: 2022.06.21 15:59:53 -04'00' Michael F. Urbanski Chief United States District Judge

Reference

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