Cranford v. Okpala
Filing
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ORDER VACATING 19 FINDINGS AND RECOMMENDATIONS and GRANTING Plaintiff Twenty-One (21) Days to File Opposition to Pending Motion to Dismiss or Action Will be Dismissed signed by Magistrate Judge Stanley A. Boone on 10/5/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARCHIE CRANFORD,
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Plaintiff,
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v.
ANTONIA OKPALA,
Defendant.
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Case No.: 1:14-cv-00921-LJO-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATION, AND GRANTING
PLAINTIFF TWENTY-ONE DAYS TO FILE
OPPOSITION TO PENDING MOTION TO
DISMISS OR ACTION WILL BE DISMISSED
[ECF Nos. 19, 20]
Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions
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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison
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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Pursuant to 28 U.S.C. §
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636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 7,
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2015. Local Rule 302.
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On July 29, 2015, Plaintiff was directed to file an opposition or statement of non-opposition to
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Defendant’s pending motion to dismiss within thirty days. (ECF No. 18.) Plaintiff failed to file an
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opposition or respond to the Court’s order. Therefore, on September 23, 2015, a Findings and
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Recommendation was issued recommending dismissal of the action for failure to comply with a court
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order. (ECF No. 19.)
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Plaintiff filed objections to the Findings and Recommendation. (ECF No. 20.) Plaintiff
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contends he submitted several changes of addresses to the Court; however, to date, the Court has not
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received any change of address in this case from Plaintiff. In addition, although Plaintiff failed
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objections to the dismissal of the action, he has not complied with the Court’s July 29, 2015, order
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directing him to file an opposition to Defendant’s motion to dismiss.
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The Court will vacate the Findings and Recommendation and grant Plaintiff one additional
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opportunity to file an opposition or statement of non-opposition to Defendant’s motion to dismiss.
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Local Rule 230(l). Plaintiff is forewarned that failure to comply with this order will result in dismissal
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of the action for failure to comply with a court order. Local Rule 110.
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
The Findings and Recommendation issued September 23, 2015, is VACATED; and
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2.
Within twenty-one (21) days from the date of service of this order, Plaintiff shall file an
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opposition to statement of non-opposition to Defendant’s motion to dismiss; and
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Failure to comply with this order will result in dismissal of the action.
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IT IS SO ORDERED.
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Dated:
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October 5, 2015
UNITED STATES MAGISTRATE JUDGE
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