Johnston
(PC) Ruiz v. Johnston
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, No. 2:19-cv-2423-WBS-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
S. JOHNSTON, et al., Defendants. 16 Plaintiff filed this action on December 3, 2019 (ECF No. 1) and simultaneously moved to proceed in forma pauperis (ECF No. 2). On April 8, 2020, the court determined that plaintiff was a “three-striker” within the meaning of 28 U.S.C. § 1915(g). ECF No. 8. It also found that he did not qualify for the imminent danger exception. Id. at 2. The court’s recommended that plaintiff be directed to pay the filing fee within fourteen days of any order adopting its recommendations. Id. The district judge adopted the court’s recommendations on June 17, 2020. ECF No. 12. Plaintiff did not pay the filing fee within the allotted time and, on July 7, 2020, the district judge entered an order dismissing this action. ECF No. 14. Now, plaintiff has filed a motion for reconsideration, appointment of…