Forbes v. Cervantes

Filing 9

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 7/3/2024. (ndr, COURT STAFF) (Filed on 7/3/2024)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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IAN FORBES, Plaintiff, 8 FERNANDO CERVANTES, Defendant. 11 United States District Court Northern District of California ORDER OF DISMISSAL v. 9 10 Case No. 24-cv-01443-HSG 12 Plaintiff Ian Forbes seeks to enforce a third-party subpoena that he served on third party 13 14 Google in Forbes v. Cervantes, C No. 22-cv-2290-JRS-MG (S.D. Ind.). Dkt. No. 1. On May 20, 15 2024, the Court instructed Plaintiff to, by July 21, 2024, either pay the $52 filing fee for 16 commencing this miscellaneous action, or file an application to proceed in forma pauperis. Dkt. 17 No. 8. Plaintiff was instructed that the failure to do so would result in dismissal of this action for 18 failure to pay the filing fee and/or for failure to obey a court order without further notice to 19 Plaintiff. Id. The deadline to comply with the Court’s May 20, 2024 order has passed and 20 Plaintiff has neither paid the filing fee nor filed an in forma pauperis application, or otherwise 21 communicated with the Court. The Court therefore DISMISSES this action without prejudice for 22 failure to pay the filing fee and for failure to obey a court order. The Clerk shall enter judgment in 23 favor of Defendant and against Plaintiff, terminate all pending motions as moot, and close the 24 case. 25 26 27 28 IT IS SO ORDERED. Dated: 7/3/2024 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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