(PC) Ruth v. State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EBER GENE RUTH, Case No. 1:22-cv-01166-JLT-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF

v. BE REQUIRED TO PAY THE $402.

FILING FEE IN FULL IF HE WANTS TO

STATE OF CALIFORNIA, et al., PROCEED WITH THIS ACTION

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

14 I. BACKGROUND Eber Ruth (“Plaintiff”) is a state prisoner proceeding pro se with this action. The Court received the complaint commencing this action on September 13, 2022. (ECF No. 1). Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis. 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 time he filed the action, the Court will recommend that Plaintiff be required to pay the $402 filing fee in full if he wants to proceed with the action. II. …