Cranford v. King et al
ORDER to SHOW CAUSE Why Case Should Not Be Dismissed for Plaintiff's Failure to Obey a Court Order, signed by Magistrate Judge Gary S. Austin on 3/19/15. Show Cause Response Due Within Thirty Days. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
AUDREY KING, et al.,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
PLAINTIFF'S FAILURE TO OBEY A
THIRTY DAY DEADLINE FOR PLAINTIFF
Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights
action pursuant to 42 U.S.C. ' 1983. Individuals detained pursuant to California Welfare and
Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of
the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
Plaintiff has consented to the jurisdiction of a Magistrate Judge under 28 U.S.C. § 636(c).
Plaintiff filed the Complaint commencing this action on January 23, 2015, together with
an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Docs. 1, 2.)
However, Plaintiff’s application was not submitted on the form appropriate for a non-prisoner.
(Doc. 1.) On February 5, 2015, the court issued an order requiring Plaintiff to complete and
return an application on the appropriate form within thirty days. (Doc. 5.) The thirty day
deadline has passed, and Plaintiff has not submitted the required application or otherwise
responded to the court’s order.
The court has discretion to impose any and all sanctions authorized by statute or Rule or
within the inherent power of the Court, including dismissal of an action, based on the plaintiff=s
failure to comply with a court order. Local Rule 110.
ORDER TO SHOW CAUSE
Plaintiff is required to show cause why this case should not be dismissed for Plaintiff's
failure to comply with the court's order.
Accordingly, IT IS HEREBY ORDERED that:
Within thirty days from the date of service of this order, Plaintiff shall file a
written response to the court, showing cause why this case should not be
dismissed for Plaintiff's failure to obey the Court's order of February 5, 2015;
Plaintiff's failure to comply with this order will result in the dismissal of this
action without further notice.
IT IS SO ORDERED.
March 19, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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