(PC)Fletcher v. Clendenin ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN FLETCHER, Case No. 1:22-cv-00249-AWI-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 CLENDENIN, et al., (ECF No. 25) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 18 Plaintiff Allan Fletcher (“Plaintiff”) is a civil detainee proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to 20 California Welfare and Institution Code § 6600 et seq. are civil detainees and are not prisoners 21 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 22 (9th Cir. 2000). This action proceeds on Plaintiff’s first amended complaint against Defendants 23 Clendenin and Price for failure to treat Plaintiff under the Fourteenth Amendment Due Process 24 Clause due to their official policy. 25 On November 17, 2022, Defendants filed a motion to declare Plaintiff a vexatious litigant. 26 (ECF No. 25.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), Plaintiff’s 27 opposition or statement of non-opposition was due on or before December 12, 2022. The 28 deadline for Plaintiff to respond to Defendants’ motion to declare Plaintiff a vexatious litigant has 1 expired, and he has not filed an opposition or other response. Defendants have also filed a reply 2 requesting that the motion be deemed unopposed and granted. (ECF No. 26.) Nevertheless, in 3 light of Plaintiff’s pro se status, the Court finds it appropriate to grant Plaintiff one final 4 opportunity to show cause why this action should not be dismissed with prejudice. 5 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 6 RESPONSE within twenty-one (21) days of service of this order why this action should not be 7 dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order 8 by filing an opposition or statement of non-opposition to Defendants’ November 17, 2022 motion 9 to declare Plaintiff a vexatious litigant. Plaintiff is warned that if he fails to comply with the 10 Court’s order, this matter will be dismissed, with prejudice, for failure to prosecute and 11 failure to obey a court order. 12 IT IS SO ORDERED. 13 14 Dated: January 6, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28