Clendenin

(PC) Felix v. Clendenin

Good Law
United States District Court, Eastern District of CaliforniaOctober 12, 20221:19-cv-01784California679 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-AWI-BAM (PC) Plaintiff, ORDER DISCHARGING ORDER

REQUIRING DEFENDANT ZELT TO SHOW

v. CAUSE WHY DEFAULT SHOULD NOT BE

ENTERED

CLENDENIN, et al., (ECF No. 50) Defendants. 11 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil rights action under 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). 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. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed December 23, 2019, (ECF No. 1), against Defendants California Department of State…

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