In Re Mamady B. Cisse

Opinion

In re MAMADY B. CISSE, Case No. 20-cv-01694-BAS-WVG Bankruptcy No. 17-04821-LT13 Debtor. ORDER DISMISSING ACTION FOR FAILURE TO PAY FILING FEE Appellant, v. WELLS FARGO BANK N.A., as servicing agent for U.S. Bank National Association, as Indenture Trustee for Citigroup Mortgage, Appellee. Appellant Mamady B. Cisse, proceeding pro se, commenced this bankruptcy appeal on August 31, 2020 and moved for a ruling on a fee waiver request. (ECF Nos. 1, 8.) The Court, in agreement with the Bankruptcy Court’s certification that the appeal was not taken in good faith, denied Appellant’s fee waiver request and required that Appellant pay the filing fee by November 16, 2020. (ECF No. 10.) The Court warned Appellant that failing to timely pay the fee would result in dismissal of the appeal without prejudice. (Id.) As of the date of this Order, Appellant has not paid the filing fee for this case, requested an extension of time to do so, or otherwise taken any action in this case. Nonpayment of a filing fee is a sufficient basis for dismissal of an action, particularly when Court cautioned Appellant that it would dismiss the action if the filing fee was not paic by the deadline. See Crump vy. Fritter, No. LA CV 15-06041 VBF (FFM), 2016 WL 118260455, at *1 (C.D. Cal. June 10, 2016) (citing cases); see also Harris v. Madden, No ] 1:19-CV-01216-DAD-SKO (PC), 2020 WL 1139464, at *1 (E.D. Cal. Mar. 9, 2020) (dismissing action without prejudice for failing to pay required filing fee and obey a cour order); Nicholas vy. All-State Sec. LLC, No. CIV. 11-00005 LEK-KS, 2011 WL 1322273, a (D. Haw. Apr. 5, 2011) (citing In re Perroton, 958 F.2d 889 (9th Cir. 1992) and Olivare: v. Marshall, 59 F.3d 109 (9th Cir. 1995)) (“This Court may dismiss Plaintiff’s action basec his failure to pay the required filing fee.”). After weighing the relevant factors, see Ferdik v. Bonzelet, 963 F.2d 1258, 1260-6] Cir. 1992), the Court finds that Appellant’s failure to timely pay the filing fee ir accordance with the Court’s order warrants dismissal. Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action. See Crump, 2016 WL 8260455, at *2 (citing cases) The Clerk is instructed to close this case. / ul

|| DATED: December 18, 2020 Cypilig _| Hohe A United States Daarict Jalge