Miller v. Denver Health Hospital et al

Filing 12

ORDER DISMISSING CASE without Prejudice. Signed by Judge Donna M. Ryu on 12/8/2015. (dmrlc3, COURT STAFF) (Filed on 12/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADAM L. MILLER,

Case No. 15-cv-04929-DMR

Plaintiff,
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v.

ORDER DISMISSING CASE WITHOUT
PREJUDICE

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DENVER HEALTH HOSPITAL, et al.,

Re: Dkt. Nos. 2, 4, 7

Defendants.

United States District Court
Northern District of California

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Plaintiff Adam Miller filed this action and an application to proceed in forma pauperis

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(IFP) on October 19, 2015. Docket Nos. 1 and 2. The court reviewed Plaintiff’s IFP application

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and found that it was incomplete. The court issued an order identifying the deficiencies in

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Plaintiff’s IFP application and requiring Plaintiff to submit a completed IFP application or pay the

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filing fee no later than November 13, 2015. Docket No. 4. The order was served on Plaintiff by

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mail. Docket No. 4-1. On November 9, 2015, the court’s order sent to Plaintiff was returned to

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the court as undeliverable. Docket No. 6. Plaintiff contacted the court and indicated that there

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was a problem with the spelling of his name, which has now been corrected.

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On November 12, 2015, the court issued another order identifying the deficiencies in

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Plaintiff’s IFP application and requiring Plaintiff to file a completed IFP application or pay the

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filing fee by no later than November 30, 2015. Docket No. 7. The order stated that failure to

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comply could result in denial of Plaintiff’s IFP application. Id.

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Despite the court’s order requiring Plaintiff to submit a completed IFP application or pay

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the filing fee for this case by November 30, 2015, Plaintiff has not done so. Therefore, the court

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denies Plaintiff’s IFP application and dismisses Plaintiff’s case without prejudice.

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IT IS SO ORDERED.

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Dated: December 8, 2015
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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