Opinion
1:22-cv-00249-JLT-BAM (PC)
07-27-2023
ALLAN FLETCHER, Plaintiff, v. CLENDENIN, et al., Defendants.
ORDER FOR DEFENDANTS TO FILE RESPONSE TO FIRST AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
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 the California Welfare and Institutions Code § 6600 et seq. are considered 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).
Following the District Judge's order adopting the findings and recommendations denying Defendants' motion to declare Plaintiff a vexatious litigant, without prejudice to refiling, 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. (ECF No. 33.)
Accordingly, Defendants are HEREBY ORDERED to file a response to the first amended complaint within twenty-one (21) days from the date of service of this order.
IT IS SO ORDERED.