Topete v. Fairchild, DDS et al, No. 3:2009cv00616 - Document 5 (D. Nev. 2010)

Court Description: ORDER DISMISSING CASE without prejudice. Clerk shall enter final judgment accordingly. Signed by Judge Edward C. Reed, Jr on 12/19/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Topete v. Fairchild, DDS et al Doc. 5 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 LUIS TOPETE, 6 Plaintiff, 7 vs. 8 DR. FAIRCHILD, DDS, et al., 9 Defendants. ) ) ) ) ) ) ) ) ) Case No. 3:09-cv-0616-ECR-VPC ORDER 10 On November 3, 2009, the Court ordered that Plaintiff file an application to proceed in forma 11 pauperis or pay the filing fee of three hundred fifty dollars ($350.00) by December 5, 2009. (#3). On 12 December 15, 2009, the Court granted Plaintiff an extension in which to comply with the Court’s prior 13 order. (#4). Plaintiff had up to and including January 5, 2010, in which to submit a new Application 14 to Proceed in Forma Pauperis or pay the $350.00 filing fee in full. The Court further advised Plaintiff 15 that failure to comply with the Court’s order would result in dismissal of his action. Plaintiff has not 16 submitted a new Application to Proceed in Forma Pauperis or paid the $350.00 filing fee in full. 17 Plaintiff has failed to comply with the Court’s order. 18 19 20 IT IS THEREFORE ORDERED that this action shall be DISMISSED without prejudice. The Clerk of the Court shall enter final judgment accordingly. DATED: January 19, 2010 21 22 ____________________________________ UNITED STATES DISTRICT JUDGE 23 24 25 26 Dockets.Justia.com