Gregory E. Shehee (Civil Detainee) v. Trumbly et al
Filing
22
ORDER Vacating Order to Show Cause 17 and Granting Plaintiff Thirty Days from the Date of Service of this Order to File Amended Complaint or the Action will be Dismissed, signed by Magistrate Judge Stanley A. Boone on 4/2/15. (Verduzco, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
GREGORY ELL SHEHEE,
12
13
14
15
Plaintiff,
v.
K. TRUMBLY, et al.,
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
Case No.: 1:14-cv-00706-SAB (PC)
ORDER VACATING ORDER TO SHOW CAUSE
AND GRANTING PLAINTIFF THIRTY
DAYS FROM THE DATE OF SERVICE OF
THIS ORDER TO FILE AMENDED
COMPLAINT OR THE ACTION WILL BE
DISMISSED
[ECF Nos. 17, 21]
Plaintiff Gregory Ell Shehee is a civil detainee proceeding pro se in a civil rights action
18
pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions
19
Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison
20
Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
21
22
23
24
25
On August 1, 2014, the Court screened and dismissed Plaintiff’s complaint with leave to
amend for failure to state a cognizable claim for relief. (ECF No. 9.)
On December 11, 2014, the Court issued an order to show cause why the action should not be
dismissed for failure to comply with a court order. (ECF No. 17.)
On February 9, 2015, the Court denied Plaintiff’s request for the appointment of counsel, and
26
granted Plaintiff thirty days to file an amended complaint in compliance with the Court’s August 1,
27
2014, screening order. (ECF No. 19.)
28
1
On March 27, 2 015, Plaintiff filed a notice with the Court indicating that he is presented
1
2
confined at the Fresno County jail and is presently without his legal property.
In the interest of justice, the Court will vacate the order to show cause issued December 11,
3
4
2014, and grant Plaintiff thirty days from the date of this order to file an amended complaint in
5
compliance with the Court’s August 1, 2014, order.
6
Based on the foregoing, it is HEREBY ORDERED that:
7
1.
The order to show cause issued December 11, 2014, is VACATED;
8
2.
Plaintiff has thirty days from the date of service of this order to file an amended
complaint; and
9
3.
10
Failure to comply with this order will result in dismissal of the action for failure to
comply with a court order.
11
12
13
IT IS SO ORDERED.
14
Dated:
15
April 2, 2015
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?