(PC) Cruz v. Chappuis, No. 1:2019cv01016 - Document 13 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING Findings and Recommendations, and directing Plaintiff to pay the $400.00 Filing Fee within 30-Days or the action will be dismissed 3 , 4 , 6 , 12 signed by District Judge Anthony W. Ishii on 12/20/2019. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, 12 Plaintiff, 13 v. 14 M. CHAPPUIS, 15 Defendant. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:19-cv-01016-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DIRECTING PLAINTIFF TO PAY THE $400.00 FILING FEE WITHIN THIRTY DAYS OR THE ACTION WILL BE DISMISSED [ECF Nos. 3, 4, 6, 12] Plaintiff Guillermo Trujillo Cruz is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On August 14, 2019, the Magistrate Judge issued Findings and Recommendations 20 recommending that Plaintiff’s application to proceed in forma pauperis be denied because he has 21 suffered three or more strikes under 28 U.S.C. § 1915(g), and Plaintiff be required to pay the $400.00 22 filing fee in full. (ECF No. 5.) The Findings and Recommendations were served on Plaintiff and 23 contained notice that objections were to be filed within fourteen (14) days. (Id.) 24 Plaintiff filed objections on September 10, 2019. (ECF No. 9.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, 27 the Court finds the Findings and Recommendations to be supported by the record and by proper 28 analysis. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The Findings and Recommendations issued August 14, 2019, are adopted in full; 3 2. Plaintiff’s applications to proceed in forma pauperis [ECF Nos. 3, 4, 121] are denied; 4 3. Within thirty (30) days from the date of service of this order, Plaintiff must pay the $400.00 filing fee in full; and 5 4. 6 The failure to pay the filing fee in full will result in dismissal of the action. 7 8 9 10 IT IS SO ORDERED. Dated: December 20, 2019 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Magistrate Judge’s Findings and Recommendation addressed only Plaintiff’s first [ECF No. 3] and second [ECF No. 4] motion to proceed in forma pauperis, but not the third motion to proceed in forma pauperis [ECF No. 12], which was filed by Plaintiff after the Magistrate Judge issued the Findings and Recommendation. The Magistrate Judge’s analysis in the Findings and Recommendation apply equally to Plaintiff’s third motion to proceed in forma pauperis, and on that basis the third motion to proceed in forma pauperis is denied. 1 26 27 28 2

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