Cruz v. Gonzalez

Filing 16

ORDER ADOPTING 11 Findings and Recommendations to DENY 9 & 10 Motions to Proceed IFP signed by District Judge Dale A. Drozd on 6/19/18. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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v.

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M. GONZALEZ,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
MOTIONS TO PROCEED IN FORMA
PAUPERIS
Defendant.
(Doc. Nos. 9, 10, 11)

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No. 1:17-cv-01548-DAD-JDP (PC)

Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On March 22, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that plaintiff’s motions to proceed in forma pauperis be denied. (Doc. No. 11.)

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Plaintiff filed objections to the findings and recommendations on April 5, 2018. (Doc. No. 13.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of this case. Plaintiff’s objections do not raise an issue of law or fact. Plaintiff’s

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vague and conclusory allegations of threats and assaults in the past do not establish that plaintiff

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currently faces an imminent danger of serious physical harm qualifying him for the imminent

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danger exception set forth at 28 U.S.C. § 1915(g). Accordingly, having carefully reviewed the

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entire file, the court finds the findings and recommendation to be supported by the record and by
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proper analysis.
For these reasons:

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1. The findings and recommendations issued March 22, 2018 (Doc. No. 11) are

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adopted in full;

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2. Plaintiff’s motions to proceed in forma pauperis (Doc. Nos. 9, 10) are denied;

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3. Plaintiff is ordered to pay the $400 filing fee in full within thirty (30) days of the

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date of service of this order; and

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4. If plaintiff fails to comply with this order, this action will be dismissed.
IT IS SO ORDERED.
Dated:

June 19, 2018
UNITED STATES DISTRICT JUDGE

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