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

JOHNNIE BANKS, ) ) Plaintiff, ) Case No. 7:22CV00712 ) v. ) OPINION ) DISTRICT COURT, ) JUDGE JAMES P. JONES ) Defendant. )

Johnnie Banks, Pro Se Plaintiff. The plaintiff, Johnnie Banks, proceeding pro se, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,

(1971). By order entered December 12, 2022, the court directed plaintiff to submit within 20 days from the date of the order a statement of assets form, an inmate account form, and a certified copy of plaintiff’s trust fund account statement for the six-month period immediately preceding the filing of the complaint, obtained from the appropriate prison official of each 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 20 days have elapsed, and plaintiff has failed to comply with the described conditions. Accordingly, I will dismiss the action without prejudice and strike 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.

In this case, plaintiff also filed motions seeking immediate court intervention, a form of relief only permitted in extraordinary cases and only when the litigant has agreed to pay filing costs. Plaintiff has not met these requirements. Thus, I must

dismiss these motions without prejudice because the case is closing. But plaintiff is advised that the court has forwarded two of the motions, ECF Nos. 5 and 6, to the Office of the United States Attorney in Abingdon for possible investigation by law enforcement.

An appropriate Order will issue herewith. DATED: January 19, 2023 /s/ JAMES P. JONES Senior United States District Judge