(PC) Cruz v. Gonzalez et al, No. 1:2020cv01720 - Document 28 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 17 Findings and Recommendations; ORDER DISMISSING 12 this case without prejudice for Plaintiff's Failure to comply with Court's order; ORDER for Clerk to Close Case, signed by District Judge Jennifer L. Thurston on 06/22/2022. CASE CLOSED(Martin-Gill, S)

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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, Case No. 1:20-cv-01720-JLT-GSA-PC 12 13 14 15 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (DOC. 17.) Plaintiff, vs. ORDER DISMISSING THIS CASE WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO COMPLY WITH COURT’S ORDER (DOC. 12.) L. GONZALEZ, et al., Defendants. ORDER FOR CLERK TO CLOSE CASE 17 18 The assigned magistrate judge issued findings and recommendations that this case be dismissed 19 without prejudice for Plaintiff’s failure to comply with the Court’s order issued on October 8, 2021, 20 which required him to pay the $402.00 filing fee in full for this action. (Doc. 17.) On June 15, 2022, 21 Plaintiff filed objections to the findings and recommendations. (Doc. 27.) 22 According to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court has conducted a de 23 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the 24 Court finds the findings and recommendations are supported by the record and proper analysis. 25 Plaintiffs’ objections reiterate, once again, assertions of imminent danger (Doc. 27 at 2-3) that the 26 magistrate judge previously, and appropriately, found to be insufficient (see Doc. 3 at 4). Plaintiff also 27 suggests in his objections that he should be permitted to pay the filing fee in installments pursuant to 28 28 U.S.C. § 1915(b). That objection is without merit, because the installment process only applies to 1 1 prisoners who are otherwise permitted to proceed in forma pauperis, not to persons who are prohibited 2 from doing so under § 1915(g). Thus, the Court ORDERS: 3 1. 4 5 ADOPTED IN FULL. 2. This case is DISMISSED, without prejudice, for Plaintiff’s failure to comply with the Court’s order issued on October 28, 2021. 6 7 The findings and recommendations issued on December 3, 2021 (Doc. 17), are 3. The Clerk is directed to CLOSE THIS CASE. 8 9 10 IT IS SO ORDERED. Dated: June 22, 2022 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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