Clandenin

(PC) Felix v. Clandenin

Good Law
United States District Court, Eastern District of CaliforniaSeptember 18, 20231:23-cv-00839California357 words

Opinion

Trial Court Opinion

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

RECOMMENDATIONS

v. (ECF No. 8)

CLANDENIN, et al., ORDER GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS BY A

Defendants. NON-PRISONER (ECF No. 10)

17 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare 19 and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning 20 of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 21 On August 28, 2023, the Court issued findings and recommendations that this action be 22 dismissed, without prejudice, for failure to obey a court order and failure to prosecute, due to 23 Plaintiff’s failure to file a signed and completed application to proceed in forma pauperis by a 24 non-prisoner. (ECF No. 8.)…

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