Horn

(PC) Stone v. Horn

Good Law
United States District Court, Eastern District of CaliforniaJanuary 8, 20251:24-cv-01249California507 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ADAM JAY STONE, Case No. 1:24-cv-01249 JLT EPG (PC) Plaintiff, ORDER DISMISSING THE ACTION

WITHOUT PREJUDICE FOR FAILURE

v. TO PAY THE FILING FEE HORN, Defendant. 15 16 On October 17, 2024, the Court ordered Plaintiff to pay the filing fee or submit an application to proceed in forma pauperis. (Doc. 3.) Despite the Court’s warning that failure to comply with the order would result in dismissal (id. at 1), Plaintiff failed to submit the IFP application or 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 public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4)…

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