Pierce v. Wagner et al

Filing 9

FINDINGS and RECOMMENDATIONS to Dismiss Based on Plaintiff's Failure to Obey Court Order and to Pay Filing Fee, signed by Magistrate Judge Jennifer L. Thurston on 4/27/16. Referred to Judge Drozd. Objections Due Within Thirty Days. Objections to F&R due by 5/31/2016(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEAVON PIERCE,
Plaintiff,

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v.

Case No. 1:16-cv-00045-DAD-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS BASED ON PLAINTIFF’S
FAILURE TO OBEY COURT ORDER
AND TO PAY FILING FEE

FRESNO FEDERAL COURT, et al.,
(Doc. 6)
Defendants.
30-DAY DEADLINE
On January 11, 2016, Plaintiff filed an application to proceed in forma pauperis pursuant

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to 28 U.S.C. § 1915. (Doc. 2.) The Court denied the application and ordered him to pay the

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$400.00 filing fee within thirty days. (Doc. 6.) More than thirty days have passed and Plaintiff

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has failed to pay the filing fee. However, he did file a motion for reconsideration which the Court

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denied. (Docs. 7, 8.)

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A civil action may not proceed absent the submission of either the filing fee or an

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approved application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. The Court denied

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Plaintiff’s application to proceed in forma pauperis because he had filed at least three cases that

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failed to state a claim or were frivolous and his current action did not demonstrate he was at

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imminent danger of serious physical harm. (Doc. 6.) Despite being given thirty days to pay the

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filing fee in full, Plaintiff has failed to do so.

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Based on Plaintiff’s ineligibility to proceed in forma pauperis and his failure to comply

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with the Court’s order to pay the filing fee in full, dismissal of this action is appropriate. In re

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Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);

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Local Rule 110. Accordingly, the Court RECOMMENDS that this action be DISMISSED

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without prejudice for Plaintiff's failure to pay the $400.00 filing fee and that Plaintiff’s motion for

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joinder under Rule 19 be denied.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the

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Local Rules of Practice for the United States District Court, Eastern District of California. Within

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30 days after being served with these findings and recommendations, Plaintiff may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014).

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IT IS SO ORDERED.
Dated:

April 27, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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