(PC)Azevedo v. United States Eastern District Courts of California

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LEONARD AZEVEDO, Case No. 1:24-cv-01404 JLT SAB (PC) 12 Plaintiff, ORDER DISMISSING THE ACTION WITHOUT PREJUDICE FOR FAILURE 13 v. TO PAY THE FILING FEE 14 UNITED STATES EASTERN DISTRICT (Doc. 10) COURT OF CALIFORNIA, 15

16 Defendant.

17 18 On January 2, 2025, the Court ordered Plaintiff to pay the filing fee for this action. (Doc. 19 10.) Despite the Court’s warning that failure to comply with the order would result in dismissal 20 (id. at 11), Plaintiff failed to pay the required filing fees. Without such payment, the action cannot 21 proceed before the Court. See Saddozai v. Davis, 35 F.4th 705, 709 (9th Cir. 2022). 22 In finding dismissal is appropriate for the failure to pay the filing fee, the Court also 23 considered the factors outlined by the Ninth Circuit for terminating sanctions, including: “(1) the 24 public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; 25 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on 26 their merits; and (5) the availability of less drastic sanctions.” Henderson v. Duncan, 779 F.2d 27 1421, 1423 (9th Cir. 1986). The public’s interest in expeditiously resolving this litigation and the 28 Court’s interest in managing the docket weigh in favor of dismissal. See Yourish v. Cal. Amplifier, 1 | 191 F.3d 983, 990 (9th Cir. 1999) (“The public’s interest in expeditious resolution of litigation 2 | always favors dismissal”); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (district courts 3 | have inherent interest in managing their dockets without being subject to noncompliant litigants). 4 | Because Plaintiff delayed the action though his failure to obey the Court’s order to pay the filing 5 || fee, the third factor also supports dismissal. Further, the Court warned that “[flailure to pay the 6 | filing fee in full will result in dismissal without prejudice” (Doc. 10 at 11, emphasis omitted), and 7 | the Court need only warn a party once that the matter could be dismissed to satisfy the requiremen 8 | of considering alternative sanctions. Ferdik, 963 F.2d at 1262. Thus, the Henderson factors weigh 9 | in favor of dismissal for Plaintiffs failure to pay the filing fee as ordered. Malone v. U.S. Postal 10 | Service, 833 F.2d 128, 133 n.2 (9th Cir. 1987) (explaining that although “the public policy 11 | favoring disposition of cases on their merits . .. weighs against dismissal, it is not sufficient to 12 | outweigh the other four factors”). 13 Based upon the foregoing, the Court ORDERS: 14 1. This action is DISMISSED without prejudice. 15 2. The Clerk of Court is directed to close the case. 16 7 IT IS SO ORDERED. 1g | Dated: _February 12, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28