United States District Court for the Eastern District of California, 2024

(PC) Sims v. Coalinga State Hospital

(PC) Sims v. Coalinga State Hospital
United States District Court for the Eastern District of California · Decided April 15, 2024
(PC) Sims v. Coalinga State Hospital

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ROBERT SIMS, 1:24-cv-00433-EPG (PC) 9 Plaintiff, 10 v. ORDER TO SUBMIT A NON-PRISONER APPLICATION | COALINGA STATE HOSPITAL, et al., TO PROCEED IN FORMA PAUPERIS OR PAY THE $405.00 FILING FEE 12 Defendants. WITHIN THIRTY DAYS Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. 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. 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). Accordingly, IT IS ORDERED that: 1. The Clerk’s Office shall send to Plaintiff the attached form for application to 20 . . proceed in forma pauperis for a non-prisoner; 71 2. Within thirty days of the date of this order, Plaintiff shall submit the completed 22 and signed application to proceed in forma pauperis for a non-prisoner, or in the alternative, pay 23 the $405.00 filing fee. Failure to comply with this order will result in dismissal of this action.

24 | ITIS SOORDERED.

25 . .

Dated: _ April 15, 2024 [spe ey 26 UNITED STATES MAGISTRATE JUDGE

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