Clendenin

(PC) Hester v. Clendenin

Good Law
United States District Court, Eastern District of CaliforniaJuly 7, 20221:20-cv-01569California4,002 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM HESTER, Case No. 1:20-cv-01569-DAD-BAM (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR LEAVE TO AMEND

v. (ECF No. 23) CLENDENIN, et al.,

ORDER GRANTING PLAINTIFF’S MOTION

Defendants. REQUESTING LEAVE TO FILE SURREPLY (ECF No. 24)

FINDINGS AND RECOMMENDATIONS TO

GRANT DEFENDANT’S MOTION TO

DISMISS (ECF No. 18)

FOURTEEN (14) DAY DEADLINE

20 I. Introduction Plaintiff William Hester (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). This action proceeds on Plaintiff’s first amended complaint for substantive due process and First Amendment claims against Defendant…

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