Munoz

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter is before the court on defendant’s Motion For Summary Judgment (“Motion”) in this 42 U.S.C. § 1983 action. Plaintiff David S. Munoz (“Munoz”) is proceeding pro se and informa pauperis with a verified Complaint against San Diego County Sheriff, William Kolender (“Sheriff Kolender” or “Defendant”). He challenges his confinement in County Jail and the conditions of his confinement there while awaiting judicial proceedings to determine his status under California’s Sexually Violent Predator Act. Munoz filed a verified Opposition to the Motion. Sheriff Kolender filed no Reply. The parties have consented to the jurisdiction of the undersigned Magistrate Judge for all purposes. Dkt. Nos. 17, 24. Pursuant to Civil Local Rule 7.1(d)(1), the court finds the issues appropriate for decision on the papers and without oral argument. For the reasons set forth below, the court GRANTS summary judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. State Court Proceedings And Confinement History

Munoz appears to have been in uninterrupted state custody with the California Department of Corrections (“CDC”), the County Sheriff, or the…