Cranford v. Narcela

Filing 13

ORDER VACATING FINDINGS AND RECOMMENDATIONS Recommending Dismissal of Action for Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A. Boone on 2/23/15. (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.,
Defendant.

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Case No.: 1:14-cv-01037-LJO-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSAL OF ACTION FOR FAILURE TO
COMPLY WITH A COURT ORDER
[ECF No. 12]

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).

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On October 31, 2014, the Court dismissed Plaintiff’s first amended complaint with leave to

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amend for failure to state a cognizable claim for relief, and Plaintiff was granted thirty days to file a

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second amended complaint. (ECF No. 9.) After the thirty day time period passed and Plaintiff failed

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to file an amended complaint, the undersigned issued a Findings and Recommendation to dismiss the

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action on December 31, 2014. (ECF No. 11.) The Findings and Recommendation was served on

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Plaintiff and contained notice that objections were to be filed within thirty days. (Id.)

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On January 26, 2015, Plaintiff filed a notice to the Court, in which he elaborates on the claims
previously set forth in his complaint. The attached proof of service references the notice as an
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“amended complaint.” Accordingly, in the interest of justice, the Court will vacate the Findings and

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Recommendation issued December 31, 2014, for failure to file an amended complaint, and the Court

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will construe Plaintiff’s notice filed January 26, 2015, as the second amended complaint.
Based on the foregoing, IT IS HEREBY ORDERED that the Findings and Recommendation

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issued December 31, 2014, are VACATED.

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IT IS SO ORDERED.

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Dated:

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February 23, 2015
UNITED STATES MAGISTRATE JUDGE

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