United States District Court, E.D. California
ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN
DISTRICT JUDGE TO ACTION FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF ACTION FOR FAILURE TO PAY FILING
FEE (ECF No. 2)
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Guillermo Trujillo Cruz (“Plaintiff”) is a state
prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff initiated
this action on September 18, 2019. (ECF No. 1.) Plaintiff has
filed a copy of his prison trust account statement, he has
not paid the filing fee or filed an application to proceed
in forma pauperis in this action. (ECF No. 2.)
is subject to 28 U.S.C. § 1915(g), which provides that
“[i]n no event shall a prisoner bring a civil action .
. . under this section if the prisoner has, on 3 or more
prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is
frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is under imminent
danger of serious physical injury.” Plaintiff has
been informed in prior cases that he is subject to 28 U.S.C.
Court has reviewed Plaintiff’s complaint and finds that
his allegations do not satisfy the imminent danger exception
to section 1915(g). Andrews v. Cervantes, 493 F.3d
1047, 1053-55 (9th Cir. 2007). Plaintiff alleges that his
constitutional rights were violated when he was transferred
to Kern Valley State Prison in retaliation. While housed at
Kern Valley State Prison, Plaintiff alleges that Defendant
Ramirez verbally threatened him with assault and battery, and
that Defendant was responsible for organizing
Plaintiff’s assault and battery by an unnamed
individual on June 27, 2019. (ECF No. 1.) At the time of the
filing of the complaint, Plaintiff was housed at Pelican Bay
State Prison. Although Plaintiff alleges in a conclusory
fashion in the complaint that he is in imminent danger of
serious physical injury, he includes no allegations that he
is in such imminent danger at his current institution.
Therefore, Plaintiff has not alleged any imminent danger of
serious physical injury at the time of filing and has not
satisfied the exception from the three strikes bar under 28
U.S.C. § 1915(g). Plaintiff must pay the $400.00 filing
fee if he wishes to litigate this action.
the Court HEREBY ORDERS the Clerk of the Court to randomly
assign a District Judge to this action.
it is HEREBY RECOMMENDED that this action be DISMISSED,
without prejudice, for Plaintiff’s failure to pay the
Findings and Recommendations will be submitted to the United
States District Judge assigned to the case, pursuant to the
provisions of Title 28 U.S.C. § 636(b)(1). Within
fourteen (14) days after being served with
these Findings and Recommendations, Plaintiff may file
written objections with the court. The document should be
captioned “Objections to Magistrate Judge’s
Findings and Recommendation.” Plaintiff is advised that
the failure to file objections within the specified time may
result in the waiver of the “right to challenge the
magistrate’s factual findings” on appeal.
Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.
2014) (citing Baxter v. Sullivan, 923 F.2d 1391,
1394 (9th Cir. 1991)).
 The Court takes judicial notice of the
following United States District Court cases: (1)
Trujillo v. Sherman, No. 1:14-cv-01401-BAM (E.D.
Cal.) (dismissed on April 24, 2015 for failure to state a
claim), aff’d, No. 15-15952 (9th Cir. May 6,
2016); (2) Trujillo v. Ruiz, No. 1:14-cv-00975-SAB
(E.D. Cal.) (dismissed on January 6, 2016 for failure to
state a claim), aff’d, No. 16-15101 (9th Cir.
December 15, 2017); (3) Cruz v. Gomez, No.
1:15-cv-00859-EPG (E.D. Cal.) (dismissed on February 3, 2017
for failure to state a claim), aff’d, No.
17-15358 (9th Cir. October 25, 2017); and (4) Cruz v.
Sherman, No. 1:16-cv-01277-DAD-JLT (E.D. Cal.)
(dismissed on December 11, 2017 for failure to state a
The Court also takes judicial notice of the following
United States Court of Appeals case: Trujillo v.
Gonzalez-Moran, No. 17-15200 (9th Cir.) (dismissed on
August 21, 2017 as frivolous).
 The Court takes judicial notice of the
following United States District Court cases: (1) Cruz v.
Leyva, No. 1:18-cv-00399-LJO-GSA (E.D. Cal.) (dismissed
on May 24, 2018) and (2) Cruz v. Padilla, No.