(PC) Smith v. Fresno County Jail

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEREK M. SMITH, Case No. 1:24-cv-0672 JLT EPG (PC) Plaintiff, ORDER DISMISSING THE ACTION

WITHOUT PREJUDICE FOR FAILURE

v. TO PAY THE FILING FEE FRESNO COUNTY JAIL, (Doc. 11) Defendant.

16 On February 27, 2025, the Court ordered Plaintiff to pay the filing fee for this action. (Doc. 11.) Despite the Court’s warning that failure to comply with the order would result in dismissal (id. at 2), Plaintiff failed to pay the required filing fees. 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…