(PC) Griffin v. Price

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 DEXTER LAWRENCE GRIFFIN, ) Case No.: 1:22-cv-00016 JLT SAB (PC) ) 12 Plaintiff, ) ) ORDER ADOPTING THE FINDINGS AND 13 v. ) RECOMMENDATIONS AND THE DISMISSING ) ACTION WITHOUT PREJUDICE 14 BRANDON PRICE, ) ) (Doc. 9) 15 Defendant. ) ) 16 )

17 The magistrate judge observed that a civil action under Section 1983 was “not the appropriate 18 avenue” for Plaintiff to challenge his commitment under California’s Sexually Violent Predator Act. 19 (Doc. 9 at 4, citing Nelson v. Sandritter, 351 F.2d 284, 285 (9th Cir. 1965).) Furthermore, the 20 magistrate judge observed that a petition for “writ of habeas corpus is the specific and exclusive 21 instrument to obtain release from unlawful confinement.” (Id., citing Preiser v. Rodriguez, 411 U.S. 22 475, 486, 500 (1973); Nettles v. Grounds, 830 F.3d 922, 929 (9th Cir. 2016).) Thus, the magistrate 23 judge found Plaintiff failed to state a cognizable claim and recommended the action be dismissed 24 without prejudice. (Id. at 5.) 25 The Court granted Plaintiff 14 days to file objections to the findings and recommendations. 26 (Doc. 9 at 5.) The Court advised Plaintiff “that failure to file objections within the specified time may 27 result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th 28 1 |} Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) The 14-day period has passed, 2 || and Plaintiff has not filed objections or otherwise responded to the findings and recommendations. 3 According to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, the Court conducted a de novo 4 || review of this case. Having carefully reviewed the entire file, the Court finds the findings and 5 || recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated February 18, 2022 (Doc. 9) are ADOPTEI 7 in full. 8 2. This action is DISMISSED without prejudice; and 9 3. The Clerk of Court is directed to close this case. 10 11 || IT IS SO ORDERED. 12 || Dated: _March 24, 2022 ( LAW pA LU. wan 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28