Oscar Ivan Velasquez-Quinones v. Becerra et al

Filing 5

ORDER DISMISSING Action without Prejudice for Failure to Pay Filing Fee and Failure to Obey Court Order signed by Magistrate Judge Barbara A. McAuliffe on 8/1/2017. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OSCAR IVAN VELASQUEZQUINONES,
Plaintiff,

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v.

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XAVIER BECERRA, et al.,

Case No. 1:17-cv-00794-BAM (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
ORDER
(ECF No. 3)

Defendants.

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I.

Background

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Plaintiff Oscar Ivan Velasquez-Quinones (“Plaintiff”) is a former state prisoner

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proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.1 Plaintiff initiated this

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action on June 12, 2017. (ECF No. 1.) However, Plaintiff failed to file an application to proceed

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in forma pauperis or pay the $400.00 filing fee in full. Therefore, on June 21, 2017, the Court

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ordered Plaintiff to submit a non-prisoner application to proceed in forma pauperis or pay the

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filing fee within thirty (30) days. The Court warned Plaintiff that his failure to comply with the

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order would result in dismissal of this action. (ECF No. 3.) More than thirty days have passed,

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and Plaintiff has neither submitted an application to proceed in forma pauperis nor paid the filing

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Plaintiff has consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 4.)

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fee.

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II.

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District courts have the inherent power to control their dockets and “[i]n the exercise of

Discussion

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that power they may impose sanctions including, where appropriate, . . . dismissal.” Thompson v.

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Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with

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prejudice, based on a party’s failure to prosecute an action, failure to obey a court order, or failure

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to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995)

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(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th

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Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint);

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Malone v. U.S. Postal Serv., 833 F.2d 128, 130–33 (9th Cir. 1987) (dismissal for failure to

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comply with court order).

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In determining whether to dismiss an action, the Court must consider several factors:

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(1) the public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its

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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of

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cases on their merits; and (5) the availability of less drastic sanctions. Henderson v. Duncan, 779

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F.2d 1421, 1423 (9th Cir. 1986); Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988); see also In

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

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(standards governing dismissal for failure to comply with court orders). These factors guide a

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court in deciding what to do and are not conditions that must be met in order for a court to take

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action. Id. (citation omitted).

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

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application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Here, Plaintiff has not filed

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an application to proceed in forma pauperis or paid the filing fee. Plaintiff also has not responded

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to the Court’s order. This action can proceed no further without Plaintiff’s cooperation and

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compliance. Moreover, the matter cannot simply remain idle on the Court’s docket,

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unprosecuted, awaiting Plaintiff’s compliance. As a result, the Court is left with no alternative but

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to dismiss this action.

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III.

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Based on the foregoing, this action is HEREBY DISMISSED, without prejudice, for

Conclusion and Order

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Plaintiff’s failure to comply with the Court’s order of June 21, 2017, (ECF No. 3), and his failure

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either to submit an application to proceed in forma pauperis or pay the filing fee.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 1, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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