(PC) Felix v. Clendenin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-AWI-BAM (PC) 12 Plaintiff, ORDER REQUIRING DEFENDANT MATTHEW ZELT TO SHOW CAUSE 13 v. WITHIN THIRTY DAYS WHY DEFAULT SHOULD NOT BE ENTERED 14 CLENDENIN, et al., (ECF No. 44) 15 Defendants. ORDER DIRECTING CLERK’S OFFICE TO 16 SERVE COURTESY COPIES 17 THIRTY (30) DAY DEADLINE 18 19 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare 21 and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning 22 of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 23 As Plaintiff is a civil detainee and has paid the filing fee, he is not a prisoner or 24 proceeding in forma pauperis, and therefore the Court ordered the complaint to be served without 25 screening. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed 26 December 23, 2019, (ECF No. 1), against Defendants California Department of State Hospitals 27 (“DSH”), Department of State Hospitals – Coalinga (“DSH – Coalinga”), Stephanie Clendenin, 28 Brandon Price, Francis Hicks, and Matthew Zelt. 1 On July 28, 2022, the Court ordered the United States Marshal to initiate service of 2 process on Defendant Zelt. (ECF No. 41.) The United States Marshal mailed a waiver of service 3 to an address in Germantown, Maryland on July 29, 2022, and to an alternate address in 4 Chambersburg, Pennsylvania on August 22, 2022. (ECF No. 44, p. 2.) Defendant Zelt returned 5 the executed waiver of service on September 6, 2022. (Id. at 1.) The deadline for the filing of 6 Defendant Zelt’s answer to the complaint was therefore September 30, 2022.1 Fed. R. Civ. P. 7 12(a)(1)(A)(ii); Fed. R. Civ. P. 6(d). 8 Accordingly, it is HEREBY ORDERED that: 9 1. Within thirty (30) days from the date of service of this order, Defendant Zelt shall show 10 cause why default should not be entered against him; 11 2. Defendant Zelt may also comply with the Court’s order by filing a response to the 12 complaint, and to facilitate the ability to comply with this order, Defendant Zelt’s 13 obligation to respond to the complaint is extended thirty (30) days from the date of 14 service of this order; and 15 3. The Clerk’s Office shall serve courtesy copies of this order on Matthew Zelt at the 16 Germantown, Maryland and Chambersburg, Pennsylvania addresses listed in the 17 September 6, 2022 USM-285 form, (ECF No. 44, p. 2). 18 IT IS SO ORDERED. 19 20 Dated: October 3, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 1 The Court notes that the docket entry indicating that Defendant Zelt’s answer is due on 28 November 7, 2022, is incorrect. (See ECF No. 44, docket text.)