O'Keefe

Filing 5

ORDER DISMISSING CASE. Signed by Judge Hon. Lucy H. Koh on 10/29/2015. (sms, COURT STAFF) (Filed on 10/30/2015)

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FILED

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ocr 3 ozots

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CLERKSUSAN Y. SOONG
NORTHERN gi~r~ISTRICT COURT

SAN ~~F CALIFORNIA

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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TIMOTHY O'KEEFE,

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Case No. C 15-4048 LHK (PR)

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Plaintiff,

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v.

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ORDER OF DISMISSAL

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UNKNOWN,

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_________________________ )

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Defendant.

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On September 4, 2015, plaintiff, proceeding prose, filed a letter which initiated the

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opening of this case. That same day, the Clerk provided plaintiffwith a blank copy ofthe

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court's complaint by a prisoner form. In addition, the Clerk notified plaintiff that he had not

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paid the filing fee. Along with the Clerk's deficiency notice, plaintiff was provided with a blank

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in forma pauperis ("IFP") application and instructions for completing it. Plaintiff was cautioned

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that his failure to file a complaint on the proper form and a completed IFP application or pay the

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filing fee within twenty-eight days would result in the dismissal of this action without further

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notice.

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Plaintiff has filed a motion for an extension oftime within which to file a complaint.

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However, more than twenty-eight days have passed from the date the Clerk's notices were sent,

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and plaintiff has not responded to the Clerk's deficiency notice regarding the filing fee. Thus,
Order of Dismissal
P:\PRO-SE\LHK\CR.l5\0'Keefe048disifp. wpd

the instant action is DISMISSED without prejudice. The Clerk shall terminate all pending
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motions, enter judgment, and close the file.
IT IS SO ORDERED.
DATED:

I0/2.q(2.Dt5"'
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Order of Dismissal
P:\PRO-SE\LHK\CR.I5\0'Keefe048disifp. wpd

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