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

Filing 18

ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 11/9/2015. (blflc1S, COURT STAFF) (Filed on 11/9/2015)

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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 DISMISSING CASE

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HELLS ANGELS MOTORCYCLE SAN
JOSE CHAPTER,

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United States District Court
Northern District of California

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Defendant.

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When Plaintiff filed the complaint in this action, she did not pay the filing fee but instead

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submitted an application to proceed in forma paupers. Plaintiff’s application to proceed in forma

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pauperis was denied as incomplete and Plaintiff was granted fourteen days, until September 3,

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2015, to file a renewed application. Plaintiff did not file a renewed application within the time

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provided.

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On October 13, 2015, the Court – still not having received a renewed application to

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proceed in forma pauperis – issued an order setting a deadline of October 27, 2015 for payment of

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the filing fee. The order informed Plaintiff that failure to pay the filing fee by that date would

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result in dismissal of the case without prejudice under Federal Rule of Civil Procedure 41(b). See

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Order Setting Deadline for Payment of Filing Fee at 1, ECF 16. Plaintiff did not pay the filing fee

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within the time provided and still has not paid it.

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On November 6, 2015, Plaintiff filed a letter to the Court complaining that the city, county,

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state, and country have been overrun by Spanish speakers who are given more rights than Plaintiff

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by “corrupt governmental agencies” because “they are the preferred people afforded more rights

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than” Plaintiff, who is “white.” Letter, ECF 17. Nowhere in the letter does Plaintiff request relief

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from the Court’s order requiring her to pay the filing fee. Id. The letter sets forth Plaintiff’s

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mailing address, which is the same as her address of record to which the Court’s Order Setting

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Deadline for Payment of Filing Fee was mailed. Therefore, there is no suggestion on the record

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that Plaintiff did not receive the Court’s Order Setting Deadline for Payment of Filing Fee.

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Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P.

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41(b); Anthony v. United States Dep’t of the Interior, No. 11-35030, 2012 WL 907491, at **1 (9th

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Cir. March 19, 2012) (affirming dismissal without prejudice under Rule 41(b) where plaintiff

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failed to submit application to proceed in forma paupers or pay the filing fee).

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: November 9, 2015
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BETH LABSON FREEMAN
United States District Judge

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