Kimner v. Hann
- Edward Davila
- 5:21-cv-06488
- U.S. District Court · Northern District of California
- 1
In Kimner v. Hann, Judge Davila denied Audrey L. Kimner’s request to proceed without fees and dismissed the action with prejudice after she failed to follow a show-cause order.
Audrey L. Kimner’s case against Peter Hann and the other named defendants was dismissed with prejudice, and the court file was closed.
What happened
In Kimner v. Hann, Audrey L. Kimner asked to proceed without paying the court’s filing fees. A magistrate judge recommended denying that request, and Kimner did not timely object.
The court adopted the recommendation in full and denied Kimner’s application to proceed without fees. It also dismissed the action with prejudice because Kimner did not comply with an order requiring her to explain why the case should continue. The clerk was ordered to close the file.
Judge Edward J. Davila issued the order on March 1, 2022. He stated that the court accepted the recommendation both because Kimner filed no objection and after independently reviewing the matter.
The detailed version
- Kimner v. Hann · No. 5:21-cv-06488
- Edward Davila
- Mar. 1, 2022
Background
Audrey L. Kimner filed an application to proceed without paying the court’s filing fees, a status commonly called proceeding without fees. On February 2, 2022, Magistrate Judge DeMarchi issued a report and recommendation advising that the application be denied. Kimner did not file timely objections.
Court’s Analysis
The court explained that when a party does not object to a magistrate judge’s report and recommendation, the court may accept the recommendation without reviewing the issues that were not challenged. The court nevertheless conducted its own review and found good cause to adopt the report and recommendation in full.
Ruling
The court denied Kimner’s application to proceed without paying the filing fees. Because Kimner did not comply with Judge DeMarchi’s order to show cause, the court dismissed the action with prejudice and directed the clerk to close the file. Judge Edward J. Davila signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.