(PC)Fletcher v. Clendenin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN FLETCHER, Case No. 1:22-cv-00249-AWI-BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS 14 CLENDENIN, et al., (ECF No. 13) 15 Defendants. 16 17 Plaintiff Allan Fletcher (“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 15, 2022, the assigned Magistrate Judge issued findings and recommendations 23 recommending that this action proceed on Plaintiff’s first amended complaint, filed April 25, 24 2022, (ECF No. 11), against Defendants Stephanie Clendenin, Director of Department of State 25 Hospitals, and Brandon Price, Executive Director at DSH-Coalinga, for failure to treat Plaintiff 26 under the Fourteenth Amendment Due Process clause due to their official policy. (ECF No. 13.) 27 The Magistrate Judge further recommended that all other claims be dismissed from this action 28 based on Plaintiff’s failure to state claims upon which relief may be granted. (Id.) The findings 1 | and recommendations were served on Plaintiff and contained notice that any objections were to 2 | be filed within fourteen (14) days after service. (Ud. at 10-11.) Following an extension of time, 3 | (ECF No. 15), no objections have been filed, and the extended deadline to do so has expired. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(©), this Court has conducted a 5 | de novo review of this case. Having carefully reviewed the entire file, the Court finds the 6 | findings and recommendations to be supported by the record and by proper analysis. 7 Accordingly, IT IS HEREBY ORDERED as follows: 8 1. The findings and recommendations issued on July 15, 2022, (ECF No. 13), are 9 adopted in full; 10 2. This action shall proceed on Plaintiff's first amended complaint, filed April 25, 2022, 11 (ECF No. 11), against Defendants Clendenin and Price for failure to treat Plaintiff, in 12 violation of the Fourteenth Amendment Due Process clause, due to their official 13 policy; 14 3. All other claims are dismissed from this action for failure to state a claim upon which 15 relief may be granted; and 16 4. This action is referred back to the Magistrate Judge for proceedings consistent with 17 this order. 18 19 IT IS SO ORDERED. 29 | Dated: _ September 13, 2022 —= ZS Cb □□ SENIOR DISTRICT JUDGE 21 22 23 24 25 26 27 28