(PC) Cruz v. Gonzalez, et al., No. 1:2022cv00177 - Document 12 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 8 Findings and Recommendations, signed by District Judge Anthony W. Ishii on 06/10/2022. Filing Fee Due Within Thirty-Days. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLLERMO TRUJILLO CRUZ, 12 13 14 15 Plaintiff, Case No. 1:22-cv-00177-AWI- BAK (HBK) (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF No. 8) M. GONZALEZ, et al., 30 -DAY DEADLINE Defendants. 16 17 Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se in this 18 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). 20 On March 10, 2022, the assigned magistrate judge issued Findings and Recommendations, 21 recommending that Plaintiff be required to pay the $402.00 filing fee in full because Plaintiff, an 22 individual with three or more qualify strikes pursuant to 28 U.S.C. § 1915(g), did not establish the 23 applicability of the imminent danger exception. (ECF No. 8.) On March 31, 2022, Plaintiff filed 24 objections to the Findings and Recommendations. (ECF No. 11.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s 27 objections filed March 31, 2022, the Court finds the Findings and Recommendations to be 28 supported by the record and proper analysis. 1 1 Accordingly, IT IS ORDERED that: 2 1. The Findings and Recommendations issued on March 10, 2022 (Doc. 8) are adopted in 3 4 5 6 7 8 full; 2. Plaintiff is not entitled to proceed in forma pauperis in this case under 28 U.S.C. § 1915(g); 3. Within 30 days of the date of service of this order, Plaintiff is required to pay the $402.00 filing fee in full for this action; and 4. Plaintiff’s failure to comply with this order shall result in the dismissal of this action. 9 10 11 12 IT IS SO ORDERED. Dated: June 10, 2022 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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