Cranford v. King et al

Filing 8

ORDER Discharging Order to Show Cause 6 ; ORDER Directing Clerk to Re-Serve the Court's February 5, 2015 Order Upon Plaintiff 5 , signed by Magistrate Judge Gary S. Austin on 5/16/15. 30-Day Deadline. (Verduzco, M)

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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 13 Plaintiff, vs. 14 AUDREY KING, et al., 15 Defendants. 16 1:15-cv-00118-GSA-PC ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 6.) ORDER DIRECTING CLERK TO RE-SERVE THE COURT’S FEBRUARY 5, 2015 ORDER UPON PLAINTIFF (Doc. 5.) THIRTY-DAY DEADLINE FOR PLAINTIFF TO SUBMIT NON-PRISONER IFP APPLICATION 17 18 19 Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights 20 action pursuant to 42 U.S.C. ' 1983. Individuals detained pursuant to California Welfare and 21 Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of 22 the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 23 Plaintiff has consented to the jurisdiction of a Magistrate Judge under 28 U.S.C. § 636(c). 24 (Doc. 4.) 25 On March 19, 2015, the court issued an order to show cause, requiring Plaintiff to notify 26 the court within thirty days why this case should not be dismissed for Plaintiff’s failure to 27 comply with the court’s February 5, 2015 order requiring him to submit a non-prisoner 28 application to proceed in forma pauperis. (Doc. 6.) On March 27, 2015, Plaintiff filed a 1 1 response to the court’s order, asserting that he did not receive the court’s February 5, 2015 2 order. (Doc. 7.) 3 Based on Plaintiff’s assertion, the court shall re-serve the February 5, 2015 order upon 4 Plaintiff, affording Plaintiff another opportunity to submit the non-prisoner application to 5 proceed in forma pauperis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The court’s order to show cause, issued on March 19, 2015, is discharged; 8 2. The Clerk is directed to re-serve the court’s February 5, 2015 order upon 9 10 Plaintiff, together with a non-prisoner application to proceed in forma pauperis; 3. Within thirty days from the date of service of this order, Plaintiff shall complete 11 and submit the non-prisoner application to proceed in forma pauperis to the 12 court; and 13 4. 14 Plaintiff's failure to comply with this order will result in the dismissal of this action without further notice. 15 16 17 18 IT IS SO ORDERED. Dated: May 16, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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