(PC) Ruiz v. Lucas et al, No. 2:2019cv00419 - Document 21 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge Morrison C. England, Jr. on 12/6/2021; ADOPTING 19 Findings and Recommendations in full; The court finds Plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing this action. Plaintiff's in forma pauperis status is REVOKED. Plaintiff shall pay the $402 filing fee required by 28 U.S.C. § 1914 and the fee schedule for the Eastern District of California in order to proceed with this action within fourteen days; and This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. (Mena-Sanchez, L)
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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 ROGELIO MAY RUIZ, 12 No. 2:19-cv-00419 MCE DB P Plaintiff, 13 v. 14 A. LUCAS, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 21, 2021, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty days. (ECF No. 19.) Plaintiff has 23 not filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 21, 2021 (ECF No. 19), are adopted 3 4 5 in full; 2. The court finds plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing this action; 6 3. Plaintiff’s in forma pauperis status is revoked; 7 4. Plaintiff shall pay the $402 filing fee required by 28 U.S.C. § 1914 and the fee 8 schedule for the Eastern District of California in order to proceed with this action 9 within fourteen days; and 10 11 12 5. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. IT IS SO ORDERED. 13 14 Dated: December 6, 2021 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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