Marlin Wells v. Wallace

6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA MARLIN WELLS, Case No. 1:25-cv-01679-BAM (PC) 10 Plaintiff, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AS A 11 v. NON-PRISONER WALLACE, (ECF No. 6) 13 Defendant.

15 Plaintiff Marlin Wells (“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).

19 Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis, filed December 18, 2025. (ECF No. 6.) Examination of these documents reveals that Plaintiff is unable to afford the costs of this action. Accordingly, the motion to proceed in forma pauperis, (ECF No. 6), is HEREBY GRANTED.

IT IS SO ORDERED.

25 Dated: December 19, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE