Hickerson et al v. Board of Veterans Appeals et al

Filing 14

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 SHELTON HICKERSON, et al., Case No. 16-cv-04388-BLF Plaintiffs, 11 United States District Court Northern District of California v. ORDER SETTING DEADLINE FOR PAYMENT OF FILING FEE 12 13 BOARD OF VETERANS APPEALS, et al., Defendants. 14 15 16 On August 2, 2016, Plaintiff filed the complaint in this action along with an application to 17 proceed in forma pauperis. On August 23, 2016, the Court issued an order denying Plaintiff’s 18 application to proceed in forma pauperis as incomplete. See Order Re Application to Proceed In 19 Forma Pauperis, ECF 10. The order stated expressly that the denial was without prejudice and it 20 granted Plaintiff until September 6, 2016 to file a renewed application to proceed in forma 21 pauperis. Id. Plaintiff did not file a renewed application within the time provided and still has not 22 filed a renewed application. 23 Plaintiff therefore must pay the filing fee of $400.00 if she wishes to proceed with this 24 case. If Plaintiff does not pay the filing fee on or before October 12, 2016, the case will be 25 dismissed without prejudice under Federal Rule of Civil Procedure 41(b). See Fed. R. Civ. P. 26 41(b) (providing for dismissal if plaintiff fails to prosecute action or to comply with the Federal 27 Rules of Civil Procedure or a court order); Madden v. Badgett, 122 F.3d 1072 (Table), 1997 WL 28 556361, at *1 (9th Cir. Aug. 29, 1997) (affirming dismissal of action under Rule 41(b) where 1 plaintiff failed to pay the filing fee or to submit prison trust account statement); Soto v. Hayes, No. 2 C-94-0098-VRW, 1995 WL 150572, at *1 (N.D. Cal. Mar. 20, 1995) (dismissing action under 3 Rule 41(b) for failing to pay the filing fee). 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: September 12, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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