Cranford v. Okpala

Filing 63

ORDER Regarding 62 Plaintiff's Objections to the December 8, 2016, Order Adopting Findings and Recommendation and Directing Plaintiff to Post Security Within Thirty Days signed by Chief Judge Lawrence J. O'Neill on 12/30/2016. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, 12 Plaintiff, 13 14 v. ANTONIA OKPALA, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00921-LJO-SAB (PC) ORDER REGARDING PLAINTIFF’S OBJECTIONS TO THE DECEMBER 8, 2016, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS AND DIRECTING PLAINTIFF TO POST SECURITY WITHIN THIRTY DAYS [ECF No. 62] Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action 17 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). Currently before the Court is Plaintiff’s objections to the December 8, 2016, order adopting the 21 22 Findings and Recommendations and directing Plaintiff to post security within thirty days. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 In his objections, Plaintiff contends that he does not understand why he is required to post 2 security. As stated in the Findings and Recommendations, adopted in full on December 8, 2016, 3 Plaintiff as a vexatious litigant is required to furnish security in order for this action to proceed, and 4 the current deadline for submitting such security is January 7, 2017. Any objection to the Court’s 5 December 8, 2016, order is overruled as Plaintiff fails to present a meritorious basis to challenge the 6 Court’s order. Accordingly, Plaintiff shall furnish security in the amount of $14, 195.00 on or before 7 the applicable deadline or the action will be dismissed. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 30, 2016 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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