1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES DAVENPORT, Case No.: 1:25-cv-00997-JLT-SKO 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO 13 v. PAY FILING FEE

14 C. PFEIFFER, et al.,

15 Defendants. 16 17 The Court ordered Plaintiff to pay the filing fee after finding Plaintiff had accrued three or 18 more “strikes” under

and failed to show he was under imminent danger of 19 serious physical injury. (Doc. 12.) Despite the passage of more than 30 days, Plaintiff has failed 20 to pay the required $405 filing fee for this action. 21 In finding dismissal is appropriate for the failure to pay the filing fee, the Court has 22 considered the factors outlined by the Ninth Circuit for terminating sanctions, including: “(1) the 23 public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; 24 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on 25 their merits; and (5) the availability of less drastic sanctions.” Henderson v. Duncan,

(9th Cir. 1986). The public’s interest in expeditiously resolving this litigation and the 27 Court’s interest in managing the docket weigh in favor of dismissal. See Yourish v. Cal. Amplifier,

, 990 (9th Cir. 1999) (“The public’s interest in expeditious resolution of 1 | litigation always favors dismissal”); Ferdik v. Bonzelet,

(9th Cir. 1992) 2 | (district courts have inherent interest in managing their dockets without being subject to 3 | noncompliant litigants). In addition, the Court’s warning to Plaintiff that the matter could be 4 | dismissed satisfies the requirement of considering alternative sanctions. Ferdik,

. 5 | Consequently, the Henderson factors weigh in favor of dismissal for Plaintiff's failure to pay the 6 | filing fee as ordered. Malone vy. U.S. Postal Service,

, 133 n.2 (9th Cir. 1987) 7 | (explaining that although “the public policy favoring disposition of cases on their merits ... 8 | weighs against dismissal, it is not sufficient to outweigh the other four factors”). Thus, the Court 9 | ORDERS: 10 1. Plaintiff's complaint is DISMISSED without prejudice. 11 2. The Clerk of the Court is directed terminate any pending motions and to close this 12 case. 13 4 IT IS SO ORDERED. 15 Dated: _ December 26, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28