Cabrera v Kijakazi

Filing 9

ORDER. IT IS ORDERED that Plaintiff's complaint is hereby DISMISSED without prejudice. The Clerk's office is DIRECTED to close this case Signed by Magistrate Judge Nancy J. Koppe on 1/19/2023. Case terminated. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:22-cv-01908-NJK Document 9 Filed 01/19/23 Page 1 of 2

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

J.O.,

Case No. 2:22-cv-01908-NJK
Plaintiff(s),

9
10

v.

11

KILOLO KIJAKAZI,

12
13

Order

Defendant(s).
On November 14, 2022, the Court denied the application to proceed in forma pauperis and

14 ordered Plaintiff to pay the filing fee by December 14, 2022. Docket No. 4. Plaintiff did not
15 comply with that order. On December 27, 2022, the Court ordered Plaintiff to show cause why
16 this case should not be dismissed. Docket No. 7. Plaintiff’s counsel filed a response indicating
17 that his client has not provided the funds for the filing fee and has stopped communicating. Docket
18 No. 8 at 1-2. Plaintiff’s counsel further indicates that, “[w]ithout the filing fee, J.O.’s cause of
19 action cannot commence and should be dismissed.” Id. at 2.
20

Initiating a federal lawsuit generally requires payment of a filing fee. See 28 U.S.C. §

21 1914(a). When a plaintiff has been denied in forma pauperis status and refuses to pay the filing
22 fee, their case is subject to dismissal on that ground. See, e.g., Desai v. Biden, 2021 WL 38169, at
23 *1 (E.D. Cal. Jan. 5, 2021), adopted, 2021 WL 276236 (E.D. Cal. Jan. 28, 2021). Plaintiff’s case
24 here is subject to dismissal given the failure to pay the filing fee despite the denial of the application
25 to proceed in forma pauperis.
26

Moreover, Plaintiff's refusal to comply with the Court’s order has interfered with the

27 Court’s ability to hear this case, delayed litigation, disrupted the Court’s timely management of its
28 docket, wasted judicial resources, and threatened the integrity of the Court’s orders and the orderly
1

Case 2:22-cv-01908-NJK Document 9 Filed 01/19/23 Page 2 of 2

1 administration of justice. There is a presumption of prejudice to the defense stemming from the
2 unreasonable delay. Anderson v. Air West, Inc., 542 F.2d 522, 524 (9th Cir. 1976). Sanctions less
3 drastic than dismissal are unavailable because Plaintiff has refused to comply with the order of this
4 Court notwithstanding the warning that case-dispositive sanctions may be imposed.
5

Accordingly, Plaintiff’s complaint is hereby DISMISSED without prejudice. The Clerk’s

6 office is DIRECTED to close this case.
7

IT IS SO ORDERED.

8

Dated: January 19, 2023
______________________________
Nancy J. Koppe
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2