Clandenin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT EMERSON FELIX, Case No. 1:23-cv-00839-ADA-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION, WITHOUT PREJUDICE,

v. FOR FAILURE TO OBEY COURT ORDER

AND FAILURE TO PROSECUTE

CLANDENIN, et al., (ECF No. 7) Defendants.

FOURTEEN (14) DAY DEADLINE

16 I. Background 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). On June 5, 2023, the Court issued an order directing Plaintiff to submit a completed non- prisoner application to proceed in forma pauperis or pay the $402.00 filing fee to proceed with this action. (ECF No. 3.) On July 13, 2023, Plaintiff filed a motion requesting…