(PC) Hester v. Clendenin ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HESTER, Case No. 1:20-cv-01569-NONE-BAM (PC) 12 Plaintiff, ORDER GRANTING MOTION TO CORRECT PLAINTIFF’S NAME 13 v. (ECF No. 14) 14 CLENDENIN, et al., ORDER DIRECTING CLERK OF COURT TO 15 Defendants. PROCESS SERVICE DOCUMENTS 16 17 Plaintiff William Hester (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to 19 California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners 20 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 21 (9th Cir. 2000). 22 On July 21, 2021, the Court found service of the first amended complaint appropriate and 23 directed Plaintiff to complete and return service documents. (ECF No. 12.) Plaintiff returned the 24 required documents, together with a notice that the service order incorrectly stated that Plaintiff’s 25 name was William Ray Huffman. (ECF Nos. 13, 14.) The Court construes the notice as a motion 26 to correct Plaintiff’s name, which is granted. The Court will direct the Clerk of the Court to 27 process the service documents pursuant to the instant order, which includes Plaintiff’s correct 28 name. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to correct Plaintiff’s name, (ECF No. 14), is GRANTED; 3 2. Service is appropriate for the following defendant: 4 a. Stephanie Clendenin; Director of State Hospitals 5 3. The Clerk of the Court is directed to process the remaining service documents submitted 6 by Plaintiff, (ECF No. 13); and 7 4. The United States Marshal is directed to serve the above-named defendant under Federal 8 Rule of Civil Procedure 4 without payment of costs. 9 IT IS SO ORDERED. 10 11 Dated: August 4, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28