Webb v. GSF Properties et al

Filing 22

ORDER DISMISSING CASE without prejudice. Signed by Judge Maria-Elena James on 7/17/2017. (Attachments: # 1 Appendix)(mejlc3, COURT STAFF) (Filed on 7/17/2017) (Additional attachment(s) added on 7/17/2017: # 2 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRACY WEBB,
Plaintiff,

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v.

ORDER DISMISSING ACTION
WITHOUT PREJUDICE

GSF PROPERTIES, et al.,

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United States District Court
Northern District of California

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Case No. 17-cv-01884-MEJ

Defendants.

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Plaintiff Tracy Webb filed two applications to proceed in forma pauperis (“IFP”), which

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the Court denied without prejudice because they were incomplete and inconsistent. See First

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Order, Dkt. No. 5. In so doing, the Court allowed Plaintiff to file a more complete IFP application

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by May 5, 2017. Id. at 2. After discharging an Order to Show Cause why the case should not be

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dismissed for failure to prosecute based on Plaintiff’s failure to timely submit an amended IFP

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application, the Court extended the deadline for Plaintiff to file an amended IFP application. See

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Second Order, Dkt. No. 11. Plaintiff filed her Third IFP Application on June 1, 2017. Dkt. No.

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16. The Court denied Plaintiff’s Third IFP Application on June 7, 2017, and ordered Plaintiff to

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pay the required $400 filing fee no later than July 6, 2017. Third Order, Dkt. No. 17. The Court

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admonished Plaintiff that her case would be dismissed without prejudice if she failed to pay the

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filing fee by that date. Id. In a subsequent order, the Court again reminded Plaintiff that her case

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would be dismissed without prejudice if she failed to pay the filing fee by July 6, 2017. See

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Fourth Order, Dkt. No. 19. By letter dated June 20, 2017, Plaintiff acknowledged that she was

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required to pay the filing fee, and asserted she would do so. Letter, Dkt. No. 21. Plaintiff did not

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seek an extension of time to comply with the Court’s Order.

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Plaintiff did not pay the filing fee by July 6, 2017. Instead, Plaintiff mailed a check in the

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amount of $400 to the Court (via U.S. Priority Mail) on July 8, 2017; the Clerk of the Court

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cashed the check on July 11, 2017.

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In addition to failing to pay the filing fee by the July 6, 2017 deadline, Plaintiff has

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continued to flout the Court’s prior orders directing her to limit, and then cease, contacting the

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undersigned’s Courtroom Deputy. See Second Order; Fourth Order; Fifth Order, Dkt. No. 15.

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Plaintiff has called the Courtroom Deputy numerous times since these Orders were filed,

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interfering with the Courtroom Deputy’s duties.

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Plaintiff’s failure to comply with this Court’s prior orders to pay her filing fee by July 6,
2017 and to abide by other Court deadlines and directions has interfered with the Court’s ability to

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manage its docket. As the Court warned Plaintiff that such conduct would result in dismissal, the

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United States District Court
Northern District of California

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Court DISMISSES the action without prejudice.

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Plaintiff may apply for a refund of her filing fees by completing the “Pay.gov Application

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for Refund” form, which is available on the Court’s website at http://cand.uscourts.gov/civilforms,

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and a copy of which is enclosed with this Order.

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The Clerk of the Court is ORDERED to close the file.

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IT IS SO ORDERED.

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Dated: July 17, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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