Condie
(PC) Scott v. Condie
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FLOYD SCOTT, Case No. 1:24-cv-01403 JLT BAM (PC) Plaintiff, ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
v. FEE AND FAILURE TO OBEY COURT
ORDER
CONDIE, et al., (Doc. 9) Defendants. 16 On December 24, 2024, the Court ordered Plaintiff to pay the filing fee to proceed with this action. (Doc. 9.) Despite the Court’s warning that failure to comply with the order would result in dismissal (id. at 1), 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 obey the order 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…