Maus v. Olmsted

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRIAN MAUS,
Plaintiff,
v.
STEPHANIE OLMSTED,
Defendant.
Case No. 25-cv-09933-PCP
ORDER DISMISSING ACTION
WITHOUT PREJUDICE
On November 17, 2025, the Court received two motions from Plaintiff. Dkt. Nos. 1, 2. On
that date, the Clerk of the Court opened an action in Plaintiff’s name and notified Plaintiff that he
must file a complaint or a habeas petition in order to pursue any claims for relief. Dkt. No. 3. Also
on that date, the Clerk notified Plaintiff that the action was deficient because he had neither paid
the filing fee, nor filed an in forma pauperis (“IFP”) application. Dkt. No. 4. Plaintiff was advised
that failure to pay the fee or file an IFP application within 28 days would result in dismissal of the
action. See id.
Plaintiff has not filed a complaint or habeas petition, and did not pay the filing fee or file
an IFP application. The deadline by which to perform these tasks has passed. This federal action is
DISMISSED without prejudice for failure to comply with the Clerk’s Notice and for failure to
prosecute. See Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, Plaintiff may ask to reopen the action. To do
this, he must file (1) a motion with the words MOTION TO REOPEN written on the first page;
and (2) a complaint or habeas petition, depending on the nature of relief requested; and (3) must
pay the filing fee or file an IFP application.
Case 5:25-cv-09933-PCP Document 8 Filed 02/23/26 Page 1 of 2

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United States District Court
Northern District of California
The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.
Dated: February 23, 2026
P. Casey Pitts
United States District Judge
Case 5:25-cv-09933-PCP Document 8 Filed 02/23/26 Page 2 of 2