(PC) Cruz v. Gonzalez, No. 1:2017cv01548 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 11 Findings and Recommendations to DENY 9 & 10 Motions to Proceed IFP signed by District Judge Dale A. Drozd on 6/19/18. Thirty Day Deadline. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, 12 Plaintiff, 13 v. 14 M. GONZALEZ, 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY MOTIONS TO PROCEED IN FORMA PAUPERIS Defendant. (Doc. Nos. 9, 10, 11) 16 17 No. 1:17-cv-01548-DAD-JDP (PC) Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. 18 § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 On March 22, 2018, the assigned magistrate judge issued findings and recommendations 21 recommending that plaintiff’s motions to proceed in forma pauperis be denied. (Doc. No. 11.) 22 Plaintiff filed objections to the findings and recommendations on April 5, 2018. (Doc. No. 13.) 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 24 de novo review of this case. Plaintiff’s objections do not raise an issue of law or fact. Plaintiff’s 25 vague and conclusory allegations of threats and assaults in the past do not establish that plaintiff 26 currently faces an imminent danger of serious physical harm qualifying him for the imminent 27 danger exception set forth at 28 U.S.C. § 1915(g). Accordingly, having carefully reviewed the 28 entire file, the court finds the findings and recommendation to be supported by the record and by 1 1 2 proper analysis. For these reasons: 3 1. The findings and recommendations issued March 22, 2018 (Doc. No. 11) are 4 adopted in full; 5 2. Plaintiff’s motions to proceed in forma pauperis (Doc. Nos. 9, 10) are denied; 6 3. Plaintiff is ordered to pay the $400 filing fee in full within thirty (30) days of the 7 date of service of this order; and 8 9 10 4. If plaintiff fails to comply with this order, this action will be dismissed. IT IS SO ORDERED. Dated: June 19, 2018 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2