(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 VACATING NOVEMBER 5, 2021, HEARING ON DEFENDANT’S MOTION TO 13 v. DISMISS 14 CLENDENIN, et al., (ECF No. 18) 15 Defendants. 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). This action proceeds on Plaintiff’s first amended complaint for substantive due 22 process and First Amendment claims against Defendant Stephanie Clendenin, in her official 23 capacity, with respect to the policy adopted in California Code of Regulations, Title 9, § 4350 24 precluding patients committed to California State Hospitals from possessing communication and 25 internet capable devices. 26 On September 27, 2021, Defendant filed a motion to dismiss. (ECF No. 18.) Defendant 27 set the motion for hearing before the undersigned on November 5, 2021, at 9:00 a.m. (Id.) 28 /// 1 The parties are advised that “all motions, except motions to dismiss for lack of 2 prosecution, filed in actions wherein one party is incarcerated and proceeding in propia persona, 3 shall be submitted upon the record without oral argument unless otherwise ordered by the Court. 4 Such motions need not be noticed on the motion calendar.” Local Rule 230(l). Although 5 Plaintiff is a civil detainee and not a prisoner, the parties are advised that it is the Court’s general 6 practice to continue to apply Local Rule 230(l) and certain other local rules concerning actions in 7 which one party is incarcerated and proceeding in propria persona, even when the pro se plaintiff 8 is a civil detainee rather than a prisoner. 9 Accordingly, IT IS HEREBY ORDERED as follows: 10 1. The motion hearing set for November 5, 2021 before the undersigned, is VACATED; 11 and 12 2. Plaintiff’s opposition or statement of non-opposition to Defendant’s motion to dismiss 13 remains due within twenty-one (21) days after the date of service of the motion. 14 IT IS SO ORDERED. 15 16 Dated: September 28, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28