(PC) Burruel v. Bonta

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA MANUEL BURRUEL, III, Case No. 1:22-cv-00116-EPG (PC) 12 Plaintiff, ORDER FOR PLAINTIFF TO SUBMIT 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A NON-PRISONER OR PAY ROB BONTA, FILING FEE WITHIN 45 DAYS 15 Defendant.

Plaintiff is a civil detainee proceeding pro se in this case. Plaintiff submitted a one paragraph document titled application to proceed in district court without prepayment of fees or costs. (ECF No. 2). In his application Plaintiff states that he is not a prisoner and thus is not subject to financial reporting requirements.

21 While Plaintiff may not be a prisoner, if he wants to proceed in forma pauperis in this action, he must make a showing that he is unable to pay the filing fee. See, e.g., Corral v. California Highway Patrol, 2021 WL 2268877, at *1 (E.D. Cal. June 3, 2021) (“The court may authorize the commencement of an action ‘without prepayment of fees...by a person who submits an affidavit’ showing that he is unable to pay such fees”) (citing 28 U.S.C. § 1915(a)), report and recommendation adopted, 2021 WL 3488309 (E.D. Cal. Aug. 9, 2021). Plaintiff has not made such a showing.

28 Therefore, the Court will direct Plaintiff to file an Application to Proceed in District Court | Without Prepaying Fees or Costs (Short Form).

2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Clerk of Court is directed to send Plaintiff an Application to Proceed in 4 District Court Without Prepaying Fees or Costs (Short Form).

5 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall 6 submit the attached application to proceed in forma pauperis, completed and 7 signed, or in the alternative, pay the $402.00 filing fee for this action.

8 3. No requests for extension will be granted without a showing of good cause.

9 Failure to comply with this order will result in dismissal of this action.

IT IS SO ORDERED.

12 | Dated: _ January 28, 2022 [sJee— heey UNITED STATES MAGISTRATE JUDGE