(PC) Heizelman v. Biden

Opinion

1 2 3 4 5 6 7 10 11 ROBERT HEIZELMAN, Case No.: 1:25-cv-00153 JLT SKO 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO 13 v. PAY FILING FEE

14 JOE BIDEN, et al.,

15 Defendants.

16 17 The Court ordered Plaintiff to pay the filing fee after finding Plaintiff had accrued three or 18 more “strikes” under 28 U.S.C. § 1915 and failed to show he was under imminent danger of 19 serious physical injury. (Doc. 10.) Plaintiff was advised that failure to pay the required filing fee 20 as ordered would result in dismissal of this action without prejudice. (Id. at 4.) Despite the 21 passage of more than 30 days, Plaintiff has failed to pay the required $405 filing fee for this 22 action. 23 In finding dismissal is appropriate for the failure to pay the filing fee, the Court has 24 considered the factors outlined by the Ninth Circuit for terminating sanctions, including: “(1) the 25 public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; 26 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on 27 their merits; and (5) the availability of less drastic sanctions.” Henderson v. Duncan, 779 F.2d 1 | Court’s interest in managing the docket weigh in favor of dismissal. See Yourish v. Cal. Amplifier, 2 | 191 F.3d 983, 990 (9th Cir. 1999) (“The public’s interest in expeditious resolution of litigation 3 | always favors dismissal”); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (district courts 4 | have inherent interest in managing their dockets without being subject to noncompliant litigants). 5 | In addition, the Court’s warning to Plaintiff that the matter could be dismissed satisfies the 6 || requirement of considering alternative sanctions. Ferdik, 963 F.2d at 1262. Consequently, the 7 | Henderson factors weigh in favor of dismissal for Plaintiff's failure to pay the filing fee as 8 | ordered. Malone v. U.S. Postal Service, 833 F.2d 128, 133 n.2 (9th Cir. 1987) (explaining that 9 | although “the public policy favoring disposition of cases on their merits ... weighs against 10 | dismissal, it is not sufficient to outweigh the other four factors”). Thus, the Court ORDERS: 11 1. Plaintiff's complaint is DISMISSED without prejudice. 12 2. The Clerk of the Court is directed terminate any pending motions and to close this 13 case. 14 16 | Dated: _ April 27, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28