Summary
The United States District Court for the Eastern District of California dismissed Daniel Harper's action against Tammy Campbell and others without prejudice because Harper failed to pay the filing fee after being ordered to do so. The court considered the Ninth Circuit's factors for terminating sanctions and directed the Clerk of Court 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 being warned that noncompliance may 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, 1261-1262 (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
Open PDFLoading document…