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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,
vs.

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AUDREY KING, et al.,

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Defendants.

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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

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Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. ' 1983. Individuals detained pursuant to California Welfare and

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Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of

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the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).

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Plaintiff has consented to the jurisdiction of a Magistrate Judge under 28 U.S.C. § 636(c).

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(Doc. 4.)

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On March 19, 2015, the court issued an order to show cause, requiring Plaintiff to notify

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the court within thirty days why this case should not be dismissed for Plaintiff’s failure to

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comply with the court’s February 5, 2015 order requiring him to submit a non-prisoner

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application to proceed in forma pauperis. (Doc. 6.) On March 27, 2015, Plaintiff filed a
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response to the court’s order, asserting that he did not receive the court’s February 5, 2015

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order. (Doc. 7.)

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Based on Plaintiff’s assertion, the court shall re-serve the February 5, 2015 order upon

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Plaintiff, affording Plaintiff another opportunity to submit the non-prisoner application to

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proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The court’s order to show cause, issued on March 19, 2015, is discharged;

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2.

The Clerk is directed to re-serve the court’s February 5, 2015 order upon

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Plaintiff, together with a non-prisoner application to proceed in forma pauperis;
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Within thirty days from the date of service of this order, Plaintiff shall complete

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and submit the non-prisoner application to proceed in forma pauperis to the

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court; and

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4.

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Plaintiff's failure to comply with this order will result in the dismissal of this
action without further notice.

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IT IS SO ORDERED.
Dated:

May 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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