(PC) Cruz v. Pfeiffer et al, No. 1:2020cv01522 - Document 9 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 4 Findings and Recommendations, and DIRECTING Plaintiff to Pay the $400 Filing Fee in Full Within Twenty-One Days, signed by District Judge Anthony W. Ishii on 12/21/2020. (Rivera, O)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 GUILLERMO TRUJILLO CRUZ, 9 Plaintiff, 10 11 v. C. PFEIFFER, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01522-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DIRECTING PLAINTIFF TO PAY THE $400 FILING FEE IN FULL WITHIN TWENTY-ONE DAYS (Doc. No. 4) 14 15 16 Plaintiff Guillermo Trujillo Cruz is proceeding pro se in this civil rights action under 42 U.S.C. § 1983. 17 On October 30, 2020, the Magistrate Judge issued Findings and Recommendation 18 recommending that Plaintiff not be allowed to proceed in forma pauperis under 28 U.S.C. § 1915(g) in 19 this action and instead be directed to pay the $400 filing fee if he wishes to proceed with this action. 20 Doc. No. 4. The Findings and Recommendations were served on Plaintiff and contained notice that 21 objections were due within fourteen days. Id. After receiving an extension of time, Plaintiff filed 22 objections on November 25, 2020. Doc. No. 7. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, 25 the Court finds the Findings and Recommendations to be supported by the record and by proper 26 analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The October 30, 2020 Findings and Recommendations (Doc. No. 4) are adopted; 3 2. Within twenty-one (21) days from the date of service of this order, Plaintiff shall pay the $400 filing fee in full; and 4 5 3. The failure to pay the filing fee in full will result in dismissal of the action. 6 7 IT IS SO ORDERED. 8 Dated: December 21, 2020 9 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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