Beaujayam Ali El Yashu v. The Arrest et al

Filing 7

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED. Signed by Judge Beth Labson Freeman on 1/4/2017. (blflc2S, COURT STAFF) (Filed on 1/4/2017)

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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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KING ROMANO RA PHARAOH
BEAUJAYAM ALI EL YASHU©,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-06637-BLF
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED

v.
THE ARREST, et al.,
Defendants.

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On November 16, 2016, Plaintiff filed the complaint in this action along with an

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application to proceed in forma pauperis (“IFP”). ECF 1, 3. On November 22, 2016, the Court

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denied Plaintiff’s application to proceed IFP without prejudice because the complaint fails to state

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a claim on which relief may be granted and is frivolous. ECF 5. The Court granted Plaintiff until

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December 21, 2016, to file an amended complaint and renewed application to proceed IFP. Id.

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As of yet, Plaintiff has not filed either an amended complaint or a renewed application.

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Plaintiff therefore must file an amended complaint and either pay the filing fee of $400.00

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or file a renewed application to proceed IFP on or before February 2, 2017 if he wishes to

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proceed with this case. If Plaintiff does not file an amended complaint and pay the filing fee or

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file an amended IFP application on or before February 2, 2017, the case will be dismissed without

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prejudice. See Fed. R. Civ. P. 41(b) (providing for dismissal if plaintiff fails to prosecute action or

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to comply with the Federal Rules of Civil Procedure or a court order); Madden v. Badgett, 122

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F.3d 1072 (Table), 1997 WL 556361, at *1 (9th Cir. Aug. 29, 1997) (affirming dismissal of action

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under Rule 41(b) where plaintiff failed to pay the filing fee or to submit prison trust account

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statement); Soto v. Hayes, No. C-94-0098-VRW, 1995 WL 150572, at *1 (N.D. Cal. Mar. 20,

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1995) (dismissing action under Rule 41(b) for failing to pay the filing fee).
IT IS SO ORDERED.

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Dated: January 4, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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