(PC) Felix v. Clandenin

Opinion

SCOTT EMERSON FELIX, Case No. 1:23-cv-00839-KES-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S v. EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND CLANDENIN, et al., PRELIMINARY INJUNCTION BE DENIED

Defendants. (Doc. 12)

Plaintiff Scott Emerson Felix 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 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). Plaintiff’s complaint has not yet been screened. See docket. On September 18, 2023, the assigned magistrate judge issued findings and recommendations that Plaintiff’s emergency motion for a temporary restraining order and preliminary injunction be denied as Plaintiff fails to show a likelihood of success on the merits and the court lacks personal jurisdiction over the defendants as none of them have been served. Doc. 12 at 3. The findings and recommendations were served on Plaintiff and contained notice that any objections were to be filed within fourteen (14) days after service. Id. at 3–4. No objections were filed and the time to do so has passed. See docket. In accordance with 28 U.S.C. § 636 (b)(1), the Court has conducted a de novo review of the case. Having carefully reviewed the file, the Court concludes that the findings and recommendations are supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations issued on September 18, 2023, Doc. 12, are adopted in full; 2. Plaintiff's emergency motion for a temporary restraining order and preliminary injunction, Doc. 9, is denied without prejudice; and 3. The matter is referred back to the assigned magistrate judge for further proceedings consistent with this order. □□ □□ SO ORDERED. _ Dated: _ June 9, 2024 4h UNITED STATES DISTRICT JUDGE