Hickerson et al v. Board of Veterans Appeals et al
Filing
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ORDER SETTING DEADLINE FOR PAYMENT OF FILING FEE. Signed by Judge Beth Labson Freeman on 9/12/2016. (blflc4S, COURT STAFF) (Filed on 9/12/2016)
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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-04388-BLF
Plaintiffs,
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United States District Court
Northern District of California
v.
ORDER SETTING DEADLINE FOR
PAYMENT OF FILING FEE
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BOARD OF VETERANS APPEALS, et al.,
Defendants.
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On August 2, 2016, Plaintiff filed the complaint in this action along with an application to
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proceed in forma pauperis. On August 23, 2016, the Court issued an order denying Plaintiff’s
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application to proceed in forma pauperis as incomplete. See Order Re Application to Proceed In
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Forma Pauperis, ECF 10. The order stated expressly that the denial was without prejudice and it
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granted Plaintiff until September 6, 2016 to file a renewed application to proceed in forma
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pauperis. Id. Plaintiff did not file a renewed application within the time provided and still has not
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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 12, 2016, 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: September 12, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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