Opinion
1:20-cv-01569-NONE-BAM (PC)
07-20-2021
WILLIAM HESTER, Plaintiff, v. CLENDENIN, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS
(Doc. No. 9)
Plaintiff William Hester 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). In the currently operative first amended complaint, plaintiff names Stephanie Clendenin, Director of State Hospitals, as the sole defendant. (Doc. No. 7.)
On June 7, 2021, the assigned magistrate judge screened plaintiff's first amended complaint and issued findings and recommendations recommending that plaintiff's substantive due process and First Amendment claims be allowed to proceed against defendant Clendenin, in her official capacity, with respect to the policy adopted in California Code of Regulations, Title 9, § 4350 precluding patients committed to California state hospitals from possessing communication and internet capable devices. (Doc. No. 9.) The magistrate judge further recommended that plaintiff's claim for monetary damages against defendant Clendenin in her official capacity be dismissed as barred by the Eleventh Amendment and all other claims be dismissed from this action based on plaintiff's failure to state claims upon which relief may be granted. (Id.) The findings and recommendations were served on plaintiff and contained notice that any objections were to be filed within fourteen (14) days after service. (Id. at 10.)
On June 17, 2021, plaintiff filed a statement indicating to the court that he will not be filing an objection to the magistrate judge's screening order of his first amended complaint. (Doc. No. 10.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, 1. The findings and recommendations issued on June 7, 2021, (Doc. No. 9), are adopted in full;
2. This action shall proceed on plaintiff's substantive due process and First Amendment claims against defendant Stephanie Clendenin, in her official capacity, with respect to the policy adopted in California Code of Regulations, Title 9, § 4350 precluding patients committed to California state hospitals from possessing communication and internet capable devices;
3. The claim for monetary damages against defendant Clendenin in her official capacity is dismissed as barred by the Eleventh Amendment;
4. All other claims and defendants are dismissed from this action for failure to state a claim upon which relief may be granted; and
The first amended complaint named Stephanie Clendenin as the sole defendant. (Doc. No. 7 at 2; Doc. No. 9 at 2.) However, the original complaint also named Brandon Price as a defendant. (Doc. No. 1 at 2.) Accordingly, the court finds it appropriate to dismiss Brandon Price as a defendant from this action.
5. This action is referred back to the magistrate judge for proceedings consistent with this order.
IT IS SO ORDERED.