(PC) Hester v. Clendenin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HESTER, No. 1:20-cv-01569-DAD-BAM (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 STEPHANIE CLENDENIN, et al., (Doc. No. 27) 15 Defendants. 16 17 Plaintiff William Hester is a civil detainee proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to the California 19 Welfare and Institutions Code § 6600 et seq. are considered 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 matter was referred to a United States Magistrate Judge pursuant to 28 22 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On July 7, 2022, the assigned magistrate judge issued findings and recommendations, 24 recommending that defendant Clendenin’s motion to dismiss be granted and that this action be 25 dismissed, with prejudice, as time barred. (Doc. No. 27.) Those findings and recommendations 26 were served on the parties and contained notice that any objections thereto were to be filed within 27 fourteen (14) days of service. (Id. at 11.) No objections have been filed, and the deadline in 28 which to do so has since passed. 1 In accordance with 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of 2 || this case. Having carefully reviewed the entire file, the court finds the findings and 3 || recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on July 7, 2022 (Doc. No. 27) are 6 adopted; 7 2. Defendant Clendenin’s motion to dismiss (Doc. No. 18) is granted; 8 3, This action is dismissed, with prejudice, as time barred; and 9 4. The Clerk of the Court is directed to close this case. 10 | SO ORDERED. si am Dated: _ August 20, 2022 J al, Al ~ 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28