(PC) Cruz v. Baker, No. 1:2019cv00995 - Document 37 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 36 Findings and Recommendations; ORDER GRANTING 27 Defendant's Motion to Revoke Plaintiff's In Forma Pauperis Status; and ORDER DIRECTING Plaintiff to Pay the $402.00 Filing Fee Within Thirty (30) Days, signed by District Judge Dale A. Drozd on 5/18/2021. (Jessen, A)

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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 14 No. 1:19-cv-00995-DAD-GSA (PC) v. B. BAKER, 15 Defendant. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANT’S MOTION TO REVOKE PLAINTIFF’S IN FORMA PAUPERIS STATUS UNDER 28 U.S.C. § 1915(g) (Doc. Nos. 27, 36) 17 Plaintiff Guillermo Trujillo Cruz is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 12, 2021, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that defendant Baker’s motion to revoke plaintiff’s in forma pauperis status under 23 28 U.S.C. § 1915(g) be granted and that plaintiff be required to pay the filing fee in full for this 24 action. (Doc. No. 36 at 9.) The findings and recommendations were served on all parties and 25 contained notice that any objections thereto were to be filed within fourteen (14) days. (Id. at 10.) 26 No objections have been filed, and the deadline to do so has since expired. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this 5 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 court finds the findings and recommendations to be supported by the record and proper analysis. 7 Accordingly, 8 1. adopted in full; 9 10 The findings and recommendations issued on April 12, 2021 (Doc. No. 36) are 2. Defendant’s motion to revoke plaintiff’s in forma pauperis status under 28 U.S.C. § 1915(g) (Doc. No. 27) is granted; 11 3. Plaintiff’s in forma pauperis status is revoked under 25 U.S.C. § 1915(g); 4. Within thirty (30) days of the date of service of this order, plaintiff is required to 12 13 14 pay the $402.00 filing fee in full for this action; 5. 15 16 Plaintiff’s failure to comply with this order shall result in the dismissal of this action; and 6. 17 The Clerk of Court is directed to serve a copy of this order on: a. 18 California; and 19 b. 20 21 The Financial Department, U.S. District Court, Eastern District of The Director of the California Department of Corrections and Rehabilitation. IT IS SO ORDERED. 22 Dated: May 18, 2021 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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