Kemper v. Pie, et al.

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/17/14 ORDERING that plaintiff show cause, within 21 days, why this action should not be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WINSTON KEMPER,

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No. 2:14-cv-0305 KJN P

Plaintiff,
v.

ORDER TO SHOW CAUSE

DR. PIE, et al.,
Defendants.

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Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C.

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§ 636(c). By order filed May 5, 2014, plaintiff was ordered to pay the $400.00 filing fee within

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thirty days, and was cautioned that failure to do so would result in the dismissal of this action.

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The thirty day period has now expired, and plaintiff has not paid the filing fee. On May 16, 2014,

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plaintiff wrote the Clerk of Court, stating he had enclosed an exhibit verifying he had paid his

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filing fee (“trust account office statement 4-7-2014, filing fee balance $51.20, paid”). However,

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there was no enclosure contained in such filing, and to date, this court has not received any

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money toward the $400.00 filing fee. Moreover, in the May 5, 2014 order, plaintiff was informed

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that the Northern District of California, where plaintiff first filed the instant complaint, confirmed

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that the Northern District did not receive payment. (ECF No. 13 at 1.) In an abundance of

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caution, plaintiff is ordered to show cause why this action should not be dismissed based on

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plaintiff’s failure to pay the $400.00 filing fee.
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Accordingly, IT IS HEREBY ORDERED that plaintiff show cause, within twenty-one

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days, why this action should not be dismissed without prejudice. Failure to respond to this order

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to show cause, and failure to pay the $400.00 filing fee, will result in the dismissal of this action.

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Dated: June 17, 2014

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/kemp0305.osc

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