Pregana et al v. Citimortgage, Inc. et al
ORDER DISMISSING CASE. Signed by JUDGE DERRICK K. WATSON on 6/12/2014. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I
CIVIL NO. 14-00226 DKW-KSC
BESSIE LEE-FREITAS PREGANA;
BRIAN JOSEPH PREGANA, SR.,
ORDER DISMISSING CASE
CITIMORTGAGE, INC.; STEVEN T.
IWAMURA; ROBERT M. EHRHORN,
JR.; KEN OHARA; LORI K. STIBB,
ORDER DISMISSING CASE
On May 21, 2014, the magistrate judge entered an Order Denying
Plaintiff’s Application to Proceed In Forma Pauperis. The May 21, 2014 Order
directed Plaintiffs to remit the filing fee by June 4, 2014, and cautioned that failure
to do so would result in the dismissal of this action. As of the date of this order,
Plaintiffs have not paid the required filing fee.
Federal Rule of Civil Procedure 41(b) authorizes involuntary dismissal
for failure “to prosecute or to comply with [the federal] rules or a court order.”
Fed.R.Civ.P. 41(b). To determine whether dismissal is appropriate, the Court must
consider five factors: “(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
defendants/respondents; (4) the availability of less drastic alternatives; and (5) the
public policy favoring disposition of cases on their merits.” Pagtalunan v. Galaza,
291 F.3d 639, 642 (9th Cir. 2002). The public interest in expeditious resolution of
this litigation and the Court’s interest in managing its docket outweigh the policy
favoring disposition of cases on the merits. The Court finds that the balance of the
five factors weighs in favor of dismissal.
Here, dismissal is appropriate given Plaintiffs’ failure to pay the
required filing fee and to comply with previous court orders. See In re Perroton,
958 F.2d 889 (9th Cir. 1992) (affirming dismissal of pro se litigant’s appeal for
failure to pay required filing fee); see also Hamrick v. Fukino, 2009 WL 1404535, at
*2 (D. Haw. May 20, 2009) (holding that plaintiff’s failure to pay the filing fee or
file an application to proceed in forma pauperis were sufficient grounds to
recommend dismissal of the action).
Accordingly, the Court hereby ORDERS that the case be dismissed
IT IS SO ORDERED.
DATED: June 12, 2014, at Honolulu, Hawai’i.
Bessie Lee-Freitas Pregana, et al. v. CitiMortgage, Inc.; et al.; CV 14-00226
DKW-KSC; ORDER DISMISSING CASE
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