Clendenin

(PC) Felix v. Clendenin

Good Law
United States District Court, Eastern District of CaliforniaSeptember 21, 20231:19-cv-01784California774 words

Opinion

Trial Court Opinion

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

RECOMMENDATIONS GRANTING

v. DEFENDANTS’ MOTIONS TO DISMISS CLENDENIN, et al., (Docs. 42, 67) Defendants. 16 Scott Emerson Felix is a civil detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The assigned magistrate judge found Plaintiff was unable to state claims against California Department of State Hospitals and Department of State Hospitals-Coalinga, as such claims were barred by the Eleventh Amendment. (Doc. 67 at 14-15.) The magistrate judge also found Plaintiff’s claims were subject to the state’s two-year statute of limitations and were time- barred. (Id. at 15-18.) Even if the statute of limitations did not apply, the magistrate judge found Plaintiff’s…

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