Elliott v. Lewis

Filing 10

ORDER DENYING LEAVE TO FILE COMPLAINT. Signed by Judge Richard Seeborg on 11/9/11. (cl, COURT STAFF) (Filed on 11/9/2011)

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**E-filed 11/9/11 ** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 VANCE S. ELLIOT, Plaintiff, v. 13 14 ORDER DENYING LEAVE TO FILE COMPLAINT MARCUS LEWIS, 15 No. C 11-80128 RS Defendant. ____________________________________/ 16 17 18 On June 16, 2011, the Court dismissed this action without prejudice, as plaintiff’s 19 application for leave to proceed in forma pauperis had been denied and plaintiff had not paid the 20 filing fee as instructed to maintain the suit. After the case was closed, and without paying the filing 21 fee, plaintiff submitted an amended complaint. The Court denied him leave to file an amended 22 complaint and declined to reopen the case. On October 28, 2011, plaintiff filed an amended 23 complaint. As plaintiff still has not complied with the Court’s instruction to pay the filing fee, his 24 resubmission of an amended complaint does not reopen the case. Further, plaintiff is advised that he 25 may be subject to sanctions if he persists in filing pleadings without paying the filing fee. See Fed. 26 R. Civ. P. 11. 27 28 IT IS SO ORDERED. No. C 11-80128 RS ORDER DENYING LEAVE TO FILE COMPLAINT 1 2 3 Dated: 11/9/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO: 3 Vance S. Elliott 640 Eddy Street, #218 San Francisco, CA 94109 4 5 6 7 8 DATED: 11/9/11 /s/ Chambers Staff Chambers of Judge Richard Seeborg 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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