Clendenin
(PC) Felix v. Clendenin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-AWI-BAM (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
v. FAILURE TO PROSECUTE CLENDENIN, et al., (ECF Nos. 28–30) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institution 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). As Plaintiff is a civil detainee and has paid the filing fee, he is not a prisoner or proceeding in forma pauperis, and therefore the Court ordered the complaint to be served without screening by the Court. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed December 23,…