Beaujayam Ali El Yashu v. The Arrest et al

Filing 9

ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 2/3/2017. (blflc2S, COURT STAFF) (Filed on 2/3/2017)

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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 DISMISSING CASE

v.
THE ARREST, et al.,
Defendants.

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On January 4, 2017, this Court issued an order to show cause (“OSC”) why this case

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should not be dismissed. ECF 7. In the OSC, the Court ordered Plaintiff to file an amended

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complaint and either pay the filing fee of $400.00 or file a renewed application to proceed in

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forma pauperis (“IFP”) on or before February 2, 2017. The Court explained that failure to file an

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amended complaint and either pay the filing fee or file a renewed application to proceed IFP

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would result in dismissal. Id. To date, Plaintiff has not complied with the OSC. Accordingly, this

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action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b); Edwards v. Marin

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Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond

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to the court’s ultimatum . . . is properly met with the sanction of a Rule 41(b) dismissal.”).

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IT IS SO ORDERED.

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Dated: February 3, 2017
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BETH LABSON FREEMAN
United States District Judge