Clendenin
(PC) Felix v. Clendenin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-AWI-BAM (PC) Plaintiff, ORDER DENYING MOTION TO DISMISS
AS MOOT
v. (ECF No. 28) CLENDENIN, et al., Plaintiff’s Opposition or Statement of Non- Defendants. Opposition to Motion to Dismiss Due: September 14, 2022 16 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institution 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). As Plaintiff is a civil detainee and has paid the filing fee, he is not a prisoner or proceeding in forma pauperis, and therefore the Court ordered the complaint to be served without screening by the Court. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed December 23, 2019, (ECF No. 1),…