Clendenin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-AWI-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS DOE

v. DEFENDANTS FROM ACTION WITHOUT

PREJUDICE

CLENDENIN, (ECF No. 46) Defendants. 16 Plaintiff Scott Emerson Felix 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 Magistrate Judge ordered the complaint to be served without screening. (ECF No. 13.) This action therefore proceeds on Plaintiff’s complaint, filed December 23, 2019, (ECF No. 1), against Defendants California Department of…