Nguyen

Filing 4

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 3/18/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 3/18/2013)

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1 *E-Filed 3/18/13* 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 United States District Court For the Northern District of California 10 13 14 ORDER OF DISMISSAL Plaintiff, 11 12 No. C 13-0663 RS (PR) TOM NGUYEN, v. JOHN DOE, Defendant. / 15 16 Plaintiff was ordered to, within 30 days, (1) file a complaint, and (2) submit payment 17 for the $350.00 filing fee, or an application to proceed in forma pauperis (“IFP”). More than 18 30 days have passed and plaintiff has not complied with any of these instructions. 19 Accordingly, the action is DISMISSED without prejudice for failure to comply with the 20 Court’s order and, under Federal Rule of Civil Procedure 41(b), for failure to prosecute. Any 21 motion to reopen must contain (1) a complaint, and (2) either full payment of the filing fee 22 of $350.00, or a complete IFP application. The Clerk shall enter judgment in favor of 23 defendant, and close the file. 24 25 26 IT IS SO ORDERED. DATED: March 18, 2013 RICHARD SEEBORG United States District Judge 27 28 No. C 13-0663 RS (PR) ORDER OF DISMISSAL

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