Aquino v. Leslie Salvador

Background

Paul Anthony Aquino filed this self-represented action against Leslie Salvador in the Central District of California. Aquino alleged violations of the Americans with Disabilities Act and an unlawful eviction from an apartment in Salinas, California. The case was transferred to the Northern District of California because the apartment and the property owner or landlord appeared to be located there.

After the transfer, Magistrate Judge Susan van Keulen denied Aquino’s application to proceed without paying the filing fee because it was incomplete. The court gave Aquino a deadline to submit a renewed application or pay the filing fee. Aquino did not respond. Judge van Keulen then ordered Aquino to explain why the action should not be dismissed. Aquino again did not respond.

Recommendation and ruling

Judge van Keulen recommended dismissal for failure to prosecute, meaning failure to move the case forward or comply with court orders. The recommendation stated that objections could be filed within 14 days under Federal Rule of Civil Procedure 72(b). Aquino did not file objections within that period.

Judge Beth Labson Freeman found the recommendation correct and well reasoned. Although the recommendation did not specify whether dismissal would be with or without prejudice, and the earlier order had warned that nonresponse could lead to dismissal with prejudice, Judge Freeman concluded that dismissal without prejudice was more appropriate because the stated basis was Aquino’s failure to submit a renewed fee-waiver application or pay the filing fee.

The court adopted the report and recommendation and dismissed the action without prejudice for failure to prosecute. The clerk was ordered to close the file.