(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. PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO 14 CLENDENIN, et al., SHOW CAUSE RE: PRELIMINARY INJUNCTION 15 Defendants. (ECF No. 10) 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 March 25, 2022, the assigned Magistrate Judge issued findings and recommendations 23 recommending that Plaintiff’s motion for temporary restraining order be denied. (ECF No. 10.) 24 The findings and recommendations were served on Plaintiff and contained notice that any 25 objections thereto were to be filed within fourteen (14) days after service. (Id. at 5–6.) Plaintiff 26 has not filed objections, and the deadline to do so has expired. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 28 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 1 | the Magistrate Judge’s findings and recommendations are supported by the record and by proper 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations issued on March 25, 2022, (ECF No. 10), are adopted 5 in full; 6 2. Plaintiff's motion for temporary restraining order, (ECF No. 8), is denied; and 7 3. The matter is referred back to the assigned Magistrate Judge for further proceedings 8 consistent with this order. 9 10 IT IS SO ORDERED. Lee ~_-SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28