Cruz v. Stebbins et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 ; ORDER REVOKING Plaintiff's In Forma Pauperis Status Under 28:1915(g); ORDER VACATING Order Granting Application to Proceed in Forma Pauperis and Directing Payment of Inmate Filing Fee by CDCR 4 ; ORDER REQUIRING Plaintiff to Pay the $400.00 Filing Fee in Full Within Thirty Days; ORDER DIRECTING Clerk to Serve This Order on the Director of the CDCR and the Court's Financial Department, signed by District Judge Anthony W. Ishii on 7/10/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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1:17-cv-00789-AWI-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 7.)

vs.
STEBBINS, et al.,
Defendants.

ORDER REVOKING PLAINTIFF’S
IN FORMA PAUPERIS STATUS UNDER
28 U.S.C. § 1915(g)
ORDER VACATING ORDER GRANTING
APPLICATION TO PROCEED IN FORMA
PAUPERIS AND DIRECTING PAYMENT
OF INMATE FILING FEE BY CDCR
(Doc. 4.)
ORDER REQUIRING PLAINTIFF TO PAY
THE $400.00 FILING FEE IN FULL
WITHIN THIRTY DAYS
ORDER DIRECTING CLERK TO SERVE
THIS ORDER ON THE DIRECTOR OF
THE CDCR AND THE COURT’S
FINANCIAL DEPARTMENT

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Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 30, 2018, findings and recommendations were entered, recommending that

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Plaintiff’s in forma pauperis status be revoked under 28 U.S.C. § 1915(g), and that Plaintiff be
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required to submit the $400.00 filing fee in full within thirty days. (Doc. No.7.) On May 31,

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2018, Plaintiff filed objections to the findings and recommendations. (Doc. No. 10.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including Plaintiff’s objections, the court finds the findings and recommendations to be supported

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by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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2018, are ADOPTED IN FULL; and
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The findings and recommendations entered by the Magistrate Judge on April 30,

Plaintiff’s in forma pauperis status is REVOKED, pursuant to 28 U.S.C. §
1915(g);

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The court’s order granting Plaintiff’s application to proceed in forma pauperis

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and directing payment of the filing fee by the CDCR, issued on June 12, 2017, is

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VACATED;

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4.

the $400.00 filing fee in full for this action;1

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The Clerk is DIRECTED to serve a copy of this order on the Director of the CDCR
and the Court’s Financial Department; and

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Within thirty days of the date of service of this order, Plaintiff is required to pay

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Plaintiff’s failure to comply with this order shall result in the dismissal of this
case.

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IT IS SO ORDERED.
Dated: July 10, 2018
SENIOR DISTRICT JUDGE

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To date, the court has not received any payment for Plaintiff’s filing fee in this case. (Court Financial
Records.) The filing fee for this action is $350.00 plus a $50.00 administrative fee. 28 U.S.C. § 1914. The $50.00
administrative fee does not apply to persons granted in forma pauperis status. Id. Therefore, Plaintiff now owes a
$400.00 filing fee.
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