(PC)Fletcher
(PC)Fletcher v. Clendenin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLAN FLETCHER, Case No. 1:22-cv-00249-AWI-BAM (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
v. FAILURE TO PROSECUTE CLENDENIN, et al., (ECF No. 25) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Allan Fletcher (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis 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). This action proceeds on Plaintiff’s first amended complaint against Defendants Clendenin and Price for failure to treat Plaintiff under the Fourteenth Amendment Due Process Clause due to their official policy. On November 17, 2022, Defendants filed a motion to declare Plaintiff a…