(PC) Felix v. Clendenin ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT EMERSON FELIX, Case No. 1:19-cv-01784-BAM (PC) 12 Plaintiff, ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS OR PAY THE $400.00 FILING FEE 14 CLENDENIN, et al., THIRTY (30) DAY DEADLINE 15 Defendants. 16 17 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee appearing pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare 19 and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning 20 of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 21 Plaintiff has neither paid the $400.00 filing fee nor submitted an application to proceed in 22 forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The Clerk’s Office shall send to Plaintiff the attached application to proceed in forma 25 pauperis for a non-prisoner; 26 2. Within thirty (30) days of the date of service of this order, Plaintiff shall submit the 27 completed and signed application to proceed in forma pauperis for a non-prisoner, or in the 28 alternative, pay the $400.00 filing fee for this action; and 1 3. Failure to comply with this order will result in dismissal of this action. 2 IT IS SO ORDERED. 3 4 Dated: December 27, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28