Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EBER GENE RUTH, Case No. 1:21-cv-00040-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF

v. BE REQUIRED TO PAY THE $402.

FILING FEE IN FULL

WARDEN, et al.,

OBJECTIONS, IF ANY, DUE WITHIN

Defendants. FOURTEEN (14) DAYS

ORDER DIRECTING CLERK TO

ASSIGN DISTRICT JUDGE

15 I. BACKGROUND Eber Ruth (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action. Plaintiff filed the complaint commencing this action on January 4, 2021. (ECF No. 1). Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis. This case was transferred to the United States District Court for the Eastern District of California on January 11, 2021. (ECF No. 4). As the Court finds that Plaintiff had at least three “strikes” prior to filing the action and that Plaintiff was not in imminent danger of serious physical injury at the…