Herrera v. Price

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RUBEN HERRERA, 1:21-cv-01070-HBK

Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION v. TO PROCEED IN FORMA PAUPERIS

BRANDON PRICE, et al (Doc. No. 2)

Defendants.

Plaintiff Ruben Herrera, civilly detained at Coalinga State Hospital, is proceeding pro se in a civil rights action under 42 U.S.C. § 1983. (Doc. No. 1). Pending before the Court is Plaintiff’s motion to proceed in forma pauperis, filed July 8, 2021. (Doc. No. 2, “Motion”). Plaintiff submitted his motion on the application intended for prisoners. (Id.). However, individuals detained at Coalinga State Hospital 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). Nonetheless, based upon Plaintiff’s statements to the questions on the application provided under penalty of perjury, the Court finds Plaintiff demonstrates he is indigent and otherwise is unable to afford the filing fee or costs in this action.

Accordingly, it is ORDERED:

Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED. “| Dated: _ July 12, 2021 Wihaw. □□□ fareh Hack HELENA M. BARCH-KUCHTA ‘ UNITED STATES MAGISTRATE JUDGE