Lettieri v. Facebook et al

Filing 13

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 10/16/2024. (ndr, COURT STAFF) (Filed on 10/16/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID C. LETTIERI,

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Plaintiff,

FACEBOOK, et al.,
Defendants.

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

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Case No. 24-cv-00873-HSG

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Plaintiff filed this pro se case alleging negligence and diversity of citizenship, 28 U.S.C. §

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1332. On August 19, 2024, the Court ordered Plaintiff to show cause why his request for leave to

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proceed in forma pauperis pursuant to the three-strikes provision set forth in 28 U.S.C. § 1915.

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Dkt. No. 9. The Court received no response to this order. On September 16, 2024, the Court

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denied Plaintiff leave to proceed in forma pauperis pursuant to the three-strikes provision set forth

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in 28 U.S.C. § 1915. Dkt. No. 10. The Court ordered Plaintiff to pay the $402 filing and

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administrative fee in full by October 14, 2024 or face dismissal of this action. Dkt. No. 10. On

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September 30, 2024, the Court’s September 16, 2024 Order (Dkt. No. 10) was returned to the

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Court as undeliverable, with the notation that Plaintiff was paroled or discharged. Dkt. No. 11.

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On October 7, 2024, the Court’s August 19, 2024 Order (Dkt. No. 9) was returned to the Court as

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undeliverable, with the notation that Plaintiff was paroled or discharged. Dkt. No. 12.

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The deadline to pay the filing fee has passed. Plaintiff has not paid the filing fee,

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communicated with the Court, or provided a current address of record as is required by N.D. Cal.

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L.R. 3-11.

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Accordingly, the Court DISMISSES this action for failure to pay the filing fee in full. This
dismissal is without prejudice to filing a request to reopen, but any request to reopen must be

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accompanied by the full filing and administrative fees. Judgment is entered in favor of Defendants

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and against Plaintiff. The Clerk is directed to terminate any remaining motions as moot and close

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the case.
IT IS SO ORDERED.

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Dated:

10/16/2024
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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