(PC) Oskuie v. Yakush

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA KAYVAN MOHAMMAD OSKUIE, Case No. 1:24-cv-00128-BAM (PC) 12 Plaintiff, ORDER TO SUBMIT NON-PRISONER APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS OR PAY FILING FEE YAKUSH, THIRTY (30) DAY DEADLINE 15 Defendant.

17 Plaintiff Kayvan Mohammad Oskuie (“Plaintiff”) is a civil detainee proceeding pro se in this civil rights action under 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).

22 Plaintiff has not paid the $405.00 filing fee or submitted an application to proceed in forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915.

24 Accordingly, IT IS HEREBY ORDERED as follows: 25 1. The Clerk of the Court shall send to Plaintiff the attached non-prisoner application to 26 proceed in forma pauperis; 27 2. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 28 attached application to proceed in forma pauperis for a non-prisoner, completed and 1 signed, or in the alternative, pay the $405.00 filing fee for this action; and 2 3. Plaintiff is warned that the failure to comply with this order will result in 3 dismissal of this action, without prejudice.

IT IS SO ORDERED.

6 Dated: January 30, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE