(PC) Baggett v. City of Fresno

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY ALBERT BAGGETT, No. 1:24-cv-01013 GSA (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS CITY OF FRESNO, et al., (ECF No. 2) 15 Defendants.

17 Plaintiff, an individual proceeding pro se who appears to be civilly committed,1 seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302.

21 Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.§ 1915(a). ECF No. 2. Accordingly, the request to proceed in forma pauperis will be granted.

23 As a civil detainee, Plaintiff is not a prisoner within the meaning of the Prison Litigation Reform Act. See Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Therefore, he is not required to provide a copy of a prisoner trust fund account statement, nor is he required to exhaust administrative remedies. Id. However, if at any point during these proceedings Plaintiff’s civil According to Plaintiff’s complaint, he is currently incarcerated at Atascadero State Hospital.

28 See ECF No. 1 at 1 (Plaintiff’s address on cover page of complaint).

1 detainee status changes, he may become subject to these requirements and/or he may be required to file a new application to proceed in forma pauperis.

3 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is GRANTED.

IT IS SO ORDERED.

8 Dated: September 29, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE