Opinion

Aguilar

Court
District Court, S.D. California
Filed
Mar 27, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

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7 UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA

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10 LOUIE AGUILAR, JR., Case No.: 3:25-cv-0538-RBM-DDL

11 Plaintiff,

ORDER DISMISSING CASE

12 vs.

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14 IMPERIAL COUNTY BOARD OF

SUPERVISORS, et al.,

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16 Defendants.

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18 Louie Aguilar, Jr. (“Plaintiff”) is a detainee proceeding pro se with a civil rights

19 action pursuant to 42 U.S.C. § 1983. On May 21, 2025, this Court denied Plaintiff’s request

20 to proceed in forma pauperis (“IFP”) and dismissed the case without prejudice. (Doc. 9.)

21 The Court informed Plaintiff that, to have his case reopened, he must either pay the $405

22 filing fee or submit a properly supported IFP motion by July 2, 2025. (Id. at 4.) On June

23 12, 2025, Plaintiff filed a Motion for Extension of Time “to arrange the fee.” (Doc. 16.)

24 The Court granted Plaintiff’s Motion for Extension of Time and ordered that “Plaintiff

25 must satisfy the filing fee requirement by paying the filing fee or filing a fully supported

26 IFP motion on or before August 22, 2025.” (Doc. 17 at 1–2.) As of March 27, 2026,

27 Plaintiff has done neither of those things.

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1 A district court may dismiss a plaintiff's action for his failure to prosecute or his

2 || failure to comply with court orders. See Fed. R. Civ. P. 41(b); Pagtalunan v. Galaza, 291

3 || F.3d 639, 642 (9th Cir. 2002); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992).

4 || Before dismissing the action under Rule 41(b), courts must consider:

5 (1) the public’s interest in expeditious resolution of litigation; (2) the court’s

6 need to manage its docket; (3) the risk of prejudice to defendants; (4) the

availability of less drastic alternatives; and (5) the public policy favoring

7 disposition of cases on their merits.

8 || Pagtalunan, 291 F.3d at 642.

9 These factors favor dismissal. As to the first two factors, over seven months have

10 || passed since the Court notified Plaintiff of, and directed Plaintiff to cure, the defects in his

11 |I case. (See also Doc. 14 (June 11, 2025 Order reminding Plaintiff that he “has yet to comply

12 || with the Court’s May 21, 2025 Order that he either pay the filing fee or submit a properly

13 || supported IFP motion”). As to the fourth factor, because Plaintiff seeks to proceed IFP,

14 || “the imposition of monetary sanctions would be ‘inappropriate and likely ineffective’ and

15 || ‘would not remedy Plaintiff’s lack of participation.’” Lewis v. Donovan, Case No. 21-cv-

16 || 1266-BAS-KSC, 2021 WL 6051571, at *2 (S.D. Cal. Dec. 21, 2021) (quoting Johnson v.

17 || Pamplin, No. 17-CV-00560-BAS-BLM, 2019 WL 494630, at *3 (S.D. Cal. Feb. 8, 2019)).

18 || The third factor is neutral at this early stage of the litigation. The fifth factor weighs against

19 || dismissal, but is outweighed by the first, second, and fourth factors, which heavily favor

20 || dismissal.

21 Therefore, the Court finds it appropriate to dismiss this action for Plaintiffs failure

22 || to comply with the Court’s orders. The Court DISMISSES without prejudice this action.

23 IT IS SO ORDERED.

24 || Dated: March 27, 2026

rt Barruds, Mptaige >

HON. RUTH BERMUDEZ MONTENEGRO

26 UNITED STATES DISTRICT JUDGE

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ANE .. NEVO DDAT WANT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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