(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)

Case 1:19-cv-00994-AWI-JLT Document 46 Filed 07/19/21 Page 1 of 2
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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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v.
LT. J. OSTRANDER, S. SAVOIE,

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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)

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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.
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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.
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Case 1:19-cv-00994-AWI-JLT Document 46 Filed 07/19/21 Page 2 of 2
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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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DENIED;
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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

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The clerk of the court is directed to CLOSE the case.

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IT IS SO ORDERED.

10 Dated: July 19, 2021

SENIOR DISTRICT JUDGE

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