Clendenin

(PC) Felix v. Clendenin

Good Law
United States District Court, Eastern District of CaliforniaSeptember 16, 20221:19-cv-01784California1,102 words

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, FINDINGS AND RECOMMENDATIONS TO

DISMISS DOE DEFENDANTS FROM

v. ACTION WITHOUT PREJUDICE CLENDENIN, et al., (ECF No. 36) Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Procedural History 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. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed 25 …

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