Opinion
1:22-cv-00249-AWI-BAM (PC)
06-10-2022
ALLAN FLETCHER, Plaintiff, v. CLENDENIN, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION (ECF NO. 10)
Plaintiff Allan Fletcher (“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).
On March 25, 2022, the assigned Magistrate Judge issued findings and recommendations recommending that Plaintiff's motion for temporary restraining order be denied. (ECF No. 10.) The findings and recommendations were served on Plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 5-6.) Plaintiff has not filed objections, and the deadline to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's findings and recommendations are supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations issued on March 25, 2022, (ECF No. 10), are adopted in full;
2. Plaintiff's motion for temporary restraining order, (ECF No. 8), is denied; and
3. The matter is referred back to the assigned Magistrate Judge for further proceedings consistent with this order.
IT IS SO ORDERED.