1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN B. JOHNSON, No. 2:22-cv-01325-DJC-DB P 12 Plaintiff, 13 v. ORDER 14 WOODLAND PUBLIC DEFENDERS OFFICE – YOLO COUNTY, et al., 15 Defendants. 16

17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 19 seeking relief under

. The matter was referred to a United States 20 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 21 On April 5, 2023, the Magistrate Judge filed findings and recommendations 22 herein which were served on Plaintiff and which contained notice to Plaintiff that any 23 objections to the findings and recommendations were to be filed within 21 days. 24 Plaintiff has not filed objections to the findings and recommendations. 25 The Court has reviewed the file, and finds that the Magistrate Judge’s 26 conclusion that the action should be dismissed to be correct. However, the Court 27 notes that only two of the three state court criminal cases in which Plaintiff alleges he 28 was provided inadequate representation appear to be barred by Younger v. Harris, 1 |

(1971). As Judge Barnes noted, however, the Woodland Public 2 | Defender’'s Office is immune from suit under section 1983, and the claims against the 3 || Public Defender’s Office must be dismissed for that reason. See Polk County v. 4 | Dodson,

(1981). Moreover, since any amendment would be 5 | unable to cure the procedural bar against bringing a section 1983 action against a 6 | non-state actor, granting leave to amend would be futile. Plaintiff has also failed to 7 | state any grounds for his claim against the Monroe Detention Center under section 8 | 1983. 9 While Plaintiff is entitled to bring a habeas corpus action under Strickland at the 10 | appropriate time, the section 1983 claims presented here must be dismissed. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. The findings and recommendations filed April 5, 2023, are adopted in part. 13 2. This action is dismissed with prejudice. 14 3. The Clerk of the Court is directed to close this case. 15 16 17 IT IS SO ORDERED. 18 | Dated: _ August 4, 2023 Bead J oBbeatie Hon. Daniel labretta 19 UNITED STATES DISTRICT JUDGE 20 21 22 | DLB7 john1325.800 24 25 26 27 28