Summary
The United States District Court for the Eastern District of California dismissed Plaintiff Daniel Harper’s action without prejudice after he failed to pay the filing fee as ordered. The court applied Ninth Circuit factors governing dismissal for failure to comply with a court order and directed the Clerk of Court to close the case.
Holdings
- An action may be dismissed without prejudice when the plaintiff fails to pay the required filing fee after being ordered and warned that nonpayment would result in dismissal.
Questions Presented
- Whether the action should be dismissed without prejudice because Plaintiff failed to pay the filing fee as ordered.
- Whether the Ninth Circuit's factors governing terminating sanctions supported dismissal.
Disposition
dismissed
Cases Cited (5)
- Saddozai v. Davis, 35 F.4th 705, 709 (9th Cir. 2022)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
- Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1261-62 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130 n.2 (9th Cir. 1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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