Gazzeny v. Chappell

Filing 5

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 10/15/2014. (Attachments: # 1 Certificate/Proof of Service)(jmdS, COURT STAFF) (Filed on 10/15/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 United States District Court Northern District of California 11 12 13 14 ANDREW GAZZENY, Plaintiff, v. Case No. 14-cv-03269-WHO ORDER OF DISMISSAL KEVIN CHAPPELL, Defendant. 15 16 The Court directed petitioner Andrew Gazzeny to pay on or before October 1, 2004 17 the $5.00 filing fee owed in this action. It is well after the deadline, and Gazzeny has not 18 paid the fee. Accordingly, the action is DISMISSED without prejudice for failing to 19 respond to the Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). 20 Because this dismissal is without prejudice, petitioner may move to reopen the action. 21 Any such motion must contain full payment for the filing fee of $5.00. The Clerk shall 22 enter judgment in favor of respondent, and close the file. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 15, 2014 _________________________ WILLIAM H. ORRICK United States District Judge

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