(PC) Neill v. Department of State Hospitals

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PATRICK MICHAEL NEILL Case No. 1:22-cv-01010-SAB (PC) 11 Plaintiff, ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA 12 v. PAUPERIS OR PAY THE $402.00 FILING FEE DEPT. OF STATE HOSPITALS, et al., 14 Defendants.

16 Plaintiff Dexter Lawrence Griffin (“Plaintiff”) is a civil detainee appearing pro se 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).

21 Plaintiff has neither paid the $402.00 filing fee nor submitted an application to proceed in forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915. While Plaintiff did submit a motion for leave to proceed in forma pauperis with his complaint, the application is the one used by a prisoner. (ECF No. 2.)

25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Clerk’s Office shall send to Plaintiff the attached application to proceed in 27 forma pauperis for a non-prisoner; 1 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall 2 submit the completed and signed application to proceed in forma pauperis for a 3 non-prisoner, or in the alternative, pay the $402.00 filing fee for this action; and 4 3. Failure to comply with this order will result in dismissal of this action.

6 IT IS SO ORDERED. DAM Le | Dated: _August 15, 2022 __ ef UNITED STATES MAGISTRATE JUDGE