Lu v. Ng

Filing 14

ORDER re: plaintiff's 13 Motion to Postpone the Response of Reopen the Case. The motion for an extension of 2 weeks to comply with the order to pay the filing fee or file a motion for leave to proceed in forma pauperis is GRANTED. The plai ntiff must pay the filing fee or file a motion for leave to proceed in forma pauperis no later than 12/19/2016. The 11/9/2016 findings, conclusions, and recommendation for dismissal are hereby VACATED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/5/2016) (mcrd)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION YUNG-KAI LU, Plaintiff, vs. GARY NG, Defendant. ) ) ) ) ) ) ) No. 3:16-CV-2774-M (BH) Referred to U.S. Magistrate Judge ORDER Pursuant to Special Order No. 3-251, this pro se case has been automatically referred for full case management. On November 9, 2016, it was recommended that this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute or comply with a court order pay the filing fee or file a motion for leave to proceed in forma pauperis within twenty-one days as ordered. (See doc. 11.) Now before the Court is the plaintiff’s Motion to Postpone the Response of Reopen the Case, received November 29, 2016 (doc. 13). It contends that he did not receive the Court’s orders because of an error in his address and that he has now registered to receive filings via the electronic case filing (ECF) system. It also seeks a continuance of two weeks to review court documents and comply with the any orders. The motion for an extension of two weeks to comply with the order to pay the filing fee or file a motion for leave to proceed in forma pauperis is GRANTED. The plaintiff must pay the filing fee or file a motion for leave to proceed in forma pauperis no later than December 19, 2016. The November 9, 2016 findings, conclusions, and recommendation for dismissal are hereby VACATED. SO ORDERED this 5th day of December, 2016. ___________________________________ IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE 2

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