Samuels v. Ahlin et al

Filing 90

ORDER ADOPTING 87 Findings and Recommendations and Dismissing Certain Claims and Defendants, signed by District Judge Dale A. Drozd on 1/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGAL SAMUELS,

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No. 1:10-cv-00585-DAD-EPG

Plaintiff,
v.
PAM AHLIN, et al.,
Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(Doc. No. 87)

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 26, 2017, the assigned magistrate judge issued findings and

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recommendations, recommending that all claims and defendants be dismissed, except for

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plaintiff’s claims against defendants Pam Ahlin, Stephen Mayberg, Brian Pacheco, Sal Quintero,

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Andreas Borgeas, Nathan Maqsiq, Buddy Mendes, Arnold Schwarzenegger, Audrey King,

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Brandon Price, Ron Withrow, Karin Hundal, Ron Howard, and Cynthia Radavasky for violation

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of plaintiff’s right to safe conditions under the Due Process Clause. (Doc. No. 87 at 11.)

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The parties were provided an opportunity to file objections to the findings and recommendations

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within fourteen days. Defendants did not object. While plaintiff filed a document titled

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“Objections to Magistrate Judge’s Findings and Recommendations,” plaintiff notes therein that
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“he does not [o]bject to the Magistrate’s decision” and “is satisfied with the determination.”

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(Doc. No. 89 at 1.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the

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undersigned has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the undersigned concludes the findings and recommendations are supported by the record

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and proper analysis, save and except for the reasoning concerning the dismissal of an ineffective

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assistance claim against the Orange County Public Defender’s Office. Whatever the

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constitutional basis for affording counsel during a civil commitment proceeding, see Vitek v.

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Jones, 445 U.S. 480, 495 (1980); Carty v. Nelson, 426 F.3d 1064, 1074 (9th Cir. 2005), the

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undersigned finds that it is clear plaintiff cannot state a claim under § 1983 against his public

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defenders for their representation of him since they did not act “under color of state law” while

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serving in such a capacity, see Polk County v. Dodson, 454 U.S. 312, 324–25 (1981).

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Accordingly, plaintiff’s claim in this regard cannot proceed and is properly dismissed.

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Given the above:
1.

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The findings and recommendations issued by the magistrate judge on December 26,
2017 (Doc. No. 87) are adopted, save and except to the extent discussed above;

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All claims and defendants are dismissed, except for plaintiff’s claims against

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defendants Pam Ahlin, Stephen Mayberg, Brian Pacheco, Sal Quintero, Andreas

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Borgeas, Nathan Maqsiq, Buddy Mendes, Arnold Schwarzenegger, Audrey King,

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Brandon Price, Ron Withrow, Karin Hundal, Ron Howard, and Cynthia Radavasky for

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violation of plaintiff’s right to safe conditions under the Due Process Clause; and

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3.

This case is referred back to the magistrate judge for further proceedings.

IT IS SO ORDERED.
Dated:

January 19, 2018
UNITED STATES DISTRICT JUDGE

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