(PC) Cruz v. Santoro et al
ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee and Failure to Obey Court Order, signed by District Judge Dale A. Drozd on 11/18/2020. CASE CLOSED.(Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO TRUJILLO CRUZ,
No. 1:20-cv-01038-NONE-BAM (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
SANTORO, et al.,
(Doc. No. 13)
Plaintiff Guillermo Trujillo Cruz is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983.
On August 17, 2020, the assigned magistrate judge issued findings and recommendations
recommending that plaintiff’s application to proceed in forma pauperis be denied and that he be
required to pay the $400.00 filing fee in full to proceed with this action. (Doc. No. 8.) Following
the granting of an extension of time to do so, plaintiff filed a renewed motion to proceed in forma
pauperis and objections. (Doc. Nos. 11, 12.)
On September 21, 2020, the undersigned issued an order adopting the findings and
recommendations in full and ordering plaintiff to pay the required $400.00 filing fee in full within
twenty-one (21) days. (Doc. No. 13.) In that order, plaintiff was warned that if he failed to pay
the filing fee within the specified time, the action would be dismissed without further notice. (Id.
On September 28, 2020, in lieu of paying the filing fee, plaintiff filed a response to the
court’s September 21, 2020 order directing him to pay the filing fee. (Doc. No. 14.) Therein,
plaintiff states that he is indigent and unable to pay the filing fee. (Id.)
The court has already determined that plaintiff is subject to 28 U.S.C. § 1915(g), and that
his allegations do not satisfy the imminent danger exception to that provision. Plaintiff has
provided no further information that would warrant reconsideration of this finding, and therefore
prepayment of the filing fee is required in order to proceed with this action, regardless of
plaintiff’s financial status. Plaintiff has clearly indicated that he is unable to pay the required
filing fee, and the deadline for him to do so has expired.
Because plaintiff has failed to obey the court’s order and pay the appropriate filing fee,
this case cannot proceed. This matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258,
1260–61 (9th Cir. 1992).
Based on the foregoing, this action is dismissed, without prejudice, due to plaintiff’s
failure to comply with the court’s order of September 21, 2020, (Doc. No. 13), and his failure to
pay the required filing fee.
IT IS SO ORDERED.
November 18, 2020
UNITED STATES DISTRICT JUDGE
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