Blackman
Blackman v. Newsome
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TONY BLACKMAN, Case No.: 1:24-cv-01267 JLT CDB (PC) Plaintiff, ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR PLAINTIFF’S FAILURE TO
v. PAY FILING FEE
GAVIN NEWSOME, et al.,
Defendants.
16 On November 19, 2024, the Court found Plaintiff is subject to the three strikes bar of 28 U.S.C. § 1915, and he was not in imminent danger of serious physical injury. (Doc. 7.) Therefore, the Court ordered Plaintiff to pay the filing fee to proceed with this action. (Id. at 2.) Despite the Court’s warning that failure to pay the filing fee would result in dismissal (id.), Plaintiff failed to pay the required fee. Without such payment, the action cannot proceed before the Court. See Saddozai v. Davis, 35 F.4th 705, 709 (9th Cir. 2022). In finding dismissal is appropriate for the failure to pay the filing fee, the Court also considered the factors outlined by the Ninth Circuit for terminating sanctions, including: “(1) the 25 …