Porter-Weese-Heft v. Hells Angels Motorcycle San Jose Chapter

Filing 16

ORDER SETTING DEADLINE FOR PAYMENT OF FILING FEE. Signed by Judge Beth Labson Freeman on 10/13/2015. (blflc1, COURT STAFF) (Filed on 10/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DEANNA RAE PORTER-WEESE-HEFT,

Case No. 15-cv-03201-BLF

Plaintiff,
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v.

ORDER SETTING DEADLINE FOR
PAYMENT OF FILING FEE

United States District Court
Northern District of California

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HELLS ANGELS MOTORCYCLE SAN
JOSE CHAPTER,

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Defendant.

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On July 10, 2015, Plaintiff filed the complaint in this action along with an application to

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proceed in forma pauperis. On August 20, 2015, the then-assigned magistrate judge issued an

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order denying Plaintiff’s application to proceed in forma pauperis as incomplete. See Order

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Denying Without Prejudice Plaintiff’s Application to Proceed In Forma Pauperis, ECF 8. The

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order stated expressly that the denial was without prejudice and it granted Plaintiff fourteen days

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to file a renewed application to proceed in forma pauperis. Id. Plaintiff did not file a renewed

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application within the time provided and still has not filed a renewed application.

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Plaintiff therefore must pay the filing fee of $400.00 if she wishes to proceed with this

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case. If Plaintiff does not pay the filing fee on or before October 27, 2015, the case will be

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dismissed without prejudice under Federal Rule of Civil Procedure 41(b). See Fed. R. Civ. P.

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41(b) (providing for dismissal if plaintiff fails to prosecute action or to comply with the Federal

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Rules of Civil Procedure or a court order); Madden v. Badgett, 122 F.3d 1072 (Table), 1997 WL

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556361, at *1 (9th Cir. Aug. 29, 1997) (affirming dismissal of action under Rule 41(b) where

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plaintiff failed to pay the filing fee or to submit prison trust account statement); Soto v. Hayes, No.

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C-94-0098-VRW, 1995 WL 150572, at *1 (N.D. Cal. Mar. 20, 1995) (dismissing action under

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Rule 41(b) for failing to pay the filing fee).

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IT IS SO ORDERED.

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Dated: October 13, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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