Summary
The United States District Court for the Eastern District of California dismissed Plaintiff Javaris Davis’s action without prejudice after he failed to pay the filing fee as ordered. The court applied the Ninth Circuit’s factors for terminating sanctions and directed the Clerk to close the case.
Holdings
- A district court may dismiss an action without prejudice when a plaintiff fails to comply with an order requiring payment of the filing fee after receiving notice that noncompliance may result in dismissal.
Questions Presented
- Whether the action should be dismissed without prejudice for Plaintiff's failure 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, 1261-1262 (9th Cir. 1992)(followed)
- Malone v. United States Postal Service, 833 F.2d 128, 133 n.2 (9th Cir. 1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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