(PC) Cruz v. Ostrander, et al.

Filing 46

ORDER DENYING Plaintiff's 44 Motion to Clarify Findings and Recommendations and Dismissing the Case, signed by District Judge Anthony W. Ishii on 7/19/2021. CASE CLOSED. (Marrujo, C)

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Case 1:19-cv-00994-AWI-JLT Document 46 Filed 07/19/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 GUILLERMO TRUJILLO CRUZ, 7 Plaintiff, 8 9 v. LT. J. OSTRANDER, S. SAVOIE, 10 CASE NO. 1:19-cv-00994-AWI-JLT (PC) ORDER DENYING PLAINTIFF’S MOTION TO CLARIFY FINDINGS AND RECOMMENDATIONS AND DISMISSING THE CASE Defendants. (Doc. No. 44) 11 12 13 Plaintiff Guillermo Trujillo Cruz has filed a pleading styled as a “motion to clarify findings 14 and recommendations.” Doc. No. 44. Instead of seeking clarification of any ruling, however, 15 Plaintiff re-argues his position that he should be allowed to proceed in forma pauperis under the 16 imminent-danger exception to the three-strikes rule. Defendants filed a response in opposition, 17 arguing that Plaintiff’s motion is an improper sur-reply and a third set of objections to the findings 18 and recommendations. Doc. No. 45. 19 Plaintiff previously filed objections to the findings and recommendations to revoke in 20 forma pauperis status. Doc. Nos. 38 & 39. The Court carefully considered Plaintiff’s objections 21 and conducted a de novo review of the file before issuing an order that adopted in part and rejected 22 in part the findings and recommendations. Doc. No. 43. The court ordered plaintiff to pay the 23 $402.00 filing fee within twenty-one days and warned Plaintiff “that the failure to timely pay the 24 filing fee will result in the dismissal of this action without further notice.” Id. at 3. Instead of 25 paying the filing fee, Plaintiff filed the instant motion. Finding no ground for relief, the Court will 26 deny this motion and order the case dismissed for Plaintiff’s failure to timely pay the filing fee and 27 comply with a court order. 28 /// Case 1:19-cv-00994-AWI-JLT Document 46 Filed 07/19/21 Page 2 of 2 1 ORDER 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 DENIED; 2. 6 7 Plaintiff’s motion to clarify findings and recommendations (Doc. No. 44) is This case is DISMISSED for failure to pay the filing fee and comply with a court order; and 3. The clerk of the court is directed to CLOSE the case. 8 9 IT IS SO ORDERED. 10 Dated: July 19, 2021 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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