Bower v. Foster Farms

Filing 25

ORDER signed by Judge Garland E. Burrell, Jr on 5/18/15 ORDERING that This Action is DISMISSED for failure to pay the filing fee; All Pending Motions are TERMINATED; and The Clerk is directed to close this Action. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARON BOWER,
Plaintiff,

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Case No. 1:15-cv-00079-GEB-SAB
ORDER DISMISSING ACTION FOR
FAILURE TO PAY THE FILING FEE

v.
(ECF No. 24)

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FOSTER FARMS,
Defendant.

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Plaintiff Baron Bower (“Plaintiff”), appearing pro se, filed the complaint in this

18 action on January 16, 2015, seeking to set aside a settlement agreement in a 2002 employment
19 action. (ECF No. 1.) On April 15, 2015, Plaintiff’s application to proceed without prepayment
20 of fees was denied, and Plaintiff was ordered to pay the filing fee within twenty one days. (ECF
21 No. 23.) Plaintiff did not pay the filing fee, but filed a motion to dismiss on May 8, 2015. (ECF
22 No. 24.) Plaintiff states that he does not want to pay the filing fee and requests that this action be
23 dismissed. However, Plaintiff also requests that the Court determine the award that he is entitled
24 to in his underlying employment action. Plaintiff requests that the Court order relief because he
25 has only received gross underpayment for his claims back in 2002-2003.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with

27 these Rules or with any order of the Court may be grounds for imposition by the Court of any
28 and all sanctions . . . within the inherent power of the Court.” The Court has the inherent power

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1 to control its docket and may, in the exercise of that power, impose sanctions where appropriate,
2 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
3 2000). This action shall be dismissed for Plaintiff’s failure to comply with the April 15, 2015
4 order to pay the filing fee.
Plaintiff is advised that since he is seeking dismissal rather than paying the filing

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6 fee, he is not entitled to any relief in this action.
Accordingly, IT IS HEREBY ORDERED that:

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1.

This action is dismissed for Plaintiff’s failure to pay the filing fee;

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2.

All pending motions are terminated; and

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3.

The Clerk of the Court is directed to close this action.

11 Dated: May 18, 2015
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