(PC) Hester v. Clendenin

Opinion

WILLIAM HESTER, No. 1:20-cv-01569-DAD-BAM (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS STEPHANIE CLENDENIN, et al., (Doc. No. 27) Defendants.

Plaintiff William Hester 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). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 7, 2022, the assigned magistrate judge issued findings and recommendations, recommending that defendant Clendenin’s motion to dismiss be granted and that this action be dismissed, with prejudice, as time barred. (Doc. No. 27.) Those findings and recommendations were served on the parties and contained notice that any objections thereto were to be filed within fourteen (14) days of service. (Id. at 11.) No objections have been filed, and the deadline in which to do so has since passed. In accordance with 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, 1. The findings and recommendations issued on July 7, 2022 (Doc. No. 27) are adopted; 2. Defendant Clendenin’s motion to dismiss (Doc. No. 18) is granted; 3, This action is dismissed, with prejudice, as time barred; and 4. The Clerk of the Court is directed to close this case. SO ORDERED. si am Dated: _ August 20, 2022 J al, Al ~ UNITED STATES DISTRICT JUDGE