Hickerson et al v. Board of Veterans Appeals et al

Filing 15

ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 10/18/2016. (blflc4S, COURT STAFF) (Filed on 10/18/2016)

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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 DISMISSING CASE 12 13 BOARD OF VETERANS APPEALS, et al., Defendants. 14 15 16 When the complaint was filed in this action, Plaintiff did not pay the filing fee but instead 17 submitted an application to proceed in forma paupers. The Court denied Plaintiff’s application to 18 proceed in forma pauperis as incomplete and granted Plaintiff two weeks, until September 6, 2016, 19 to file a renewed application. Plaintiff did not file a renewed application within the time provided. 20 On September 12, 2016, the Court – still having not received a renewed application to 21 proceed in forma pauperis – issued an order setting a deadline of October 12, 2016 for payment of 22 the filing fee. The order informed Plaintiff that failure to pay the filing fee by that date would 23 result in dismissal of the case without prejudice under Federal Rule of Civil Procedure 41(b). See 24 Order Setting Deadline for Payment of Filing Fee at 1, ECF 14. Plaintiff did not pay the filing fee 25 within the time provided and still has not paid it. 26 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 27 41(b); Anthony v. United States Dep’t of the Interior, No. 11-35030, 2012 WL 907491, at *1 (9th 28 Cir. March 19, 2012) (affirming dismissal without prejudice under Rule 41(b) where plaintiff 1 failed to submit application to proceed in forma paupers or pay the filing fee). 2 3 IT IS SO ORDERED. 4 5 6 7 Dated: October 18, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 8 9 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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