Cranford v. Okpala

Filing 64

ORDER DISMISSING Action for Failure to Comply With a Court Order to Post Security, and DENYING Plaintiff's Motion for Summary Judgment as Moot, signed by Chief Judge Lawrence J. O'Neill on 1/27/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 ARCHIE CRANFORD, 8 Plaintiff, 9 10 v. ANTONIA OKPALA, 11 Defendant. 12 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00921-LJO-SAB (PC) ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH A COURT ORDER TO POST SECURITY, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS MOOT [ECF Nos. 59, 61] 13 14 Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action 15 pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions 16 Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison 17 Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 18 On December 8, 2016, the Court granted Defendants’ motion for an order requiring Plaintiff to 19 post security due to his vexatious status, and Plaintiff was directed to post security in the amount of 20 $14, 195.00 within thirty days or the action would be dismissed. (ECF No. 61.) Over thirty days 21 have passed and Plaintiff has failed to post security. Accordingly, it is HEREBY ORDERED that the 22 instant action is dismissed, and Plaintiff’s motion for summary judgment filed on November 14, 2016, 23 is denied as moot. 24 25 26 27 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 27, 2017 UNITED STATES CHIEF DISTRICT JUDGE 28 1

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