Hickerson et al v. Veterans Affairs et al

Filing 16

ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 10/4/2016. (blflc4S, COURT STAFF) (Filed on 10/4/2016)

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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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SHELTON HICKERSON, et al.,

Case No. 16-cv-04356-BLF

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER DISMISSING CASE

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VETERANS AFFAIRS, et al.,
Defendants.

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

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

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proceed in forma pauperis as incomplete and granted Plaintiff fifteen days, until August 26, 2016,

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

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On September 1, 2016, the Court – still having not received a renewed application to

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proceed in forma pauperis – issued an order setting a deadline of September 30, 2016 for payment

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of 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 15. 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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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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Dated: October 4, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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