Cranford v. Narcela

Filing 11

FINDINGS and RECOMMENDATION Recommending Dismissal of Action for Failure to Comply With a Court Order 9 , signed by Magistrate Judge Stanley A. Boone on 12/31/14: 30-Day Deadline. (Hellings, J)

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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.
DHORLEEN NARCELA, et al.,

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Defendant.

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Case No.: 1:14-cv-01037-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO COMPLY WITH A COURT
ORDER
[ECF No. 9]

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).
On September 10, 2013, the undersigned dismissed Plaintiff’s complaint for failure to state a

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claim upon which relief may be granted and ordered Plaintiff to file an amended complaint within

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thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or

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otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth any

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claims upon which relief may be granted under section 1983.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY

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ORDERED that this action is dismissed, with prejudice, based on Plaintiff’s failure to state any claims

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upon which relief may be granted under section 1983.

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This Findings and Recommendation will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days

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after being served with this Findings and Recommendation, Plaintiff may file written objections with

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the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. . Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)

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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

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December 31, 2014
UNITED STATES MAGISTRATE JUDGE

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