(PC) Williams v. Price ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COREY WILLIAMS, Case No. 1:20-cv-00312-BAM (PC) 12 Plaintiff, ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT 13 v. PREJUDICE 14 PRICE, et al., (ECF No. 2.) 15 Defendants. ORDER TO SUBMIT NON-PRISONER APPLICATION TO PROCEED IN FORMA 16 PAUPERIS CLARIFYING ASSETS OR PAY FILING FEE 17 THIRTY (30) DAY DEADLINE 18 19 Plaintiff Corey Williams (“Plaintiff”) is a civil detainee appearing pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare 21 and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning 22 of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 23 On March 2, 2020, Plaintiff filed a motion to proceed in forma pauperis. (ECF No. 2.) In 24 his application, Plaintiff reported that he receives $300.00 per month in gross pay and $200.00 25 per month in take-home pay. (Id. at 1.) In addition, Plaintiff reports that he makes $50.00 26 monthly payments to Capital One Bank and Credit One Bank. (Id. at 2.) It is unclear whether 27 these payments are included in his take-home pay calculation. 28 /// 1 Despite his reported income of $200.00 per month, Plaintiff reports that he has no money 2 in cash or in a checking or savings account. Plaintiff has not attached a copy of his certified trust 3 account statement, so it is also unclear whether Plaintiff is considering his trust account as a 4 checking or savings account, and whether he has any saved assets in his trust account. 5 As the evidence before the Court of Plaintiff’s assets is inconclusive, the Court will 6 provide Plaintiff with an opportunity to clarify his financial condition and adequately demonstrate 7 financial hardship. If Plaintiff chooses to file a new application to proceed in forma pauperis, 8 he should include a copy of his trust account statement from his current institution. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Plaintiff’s motion to proceed in forma pauperis, (ECF No. 2), is DENIED, without 11 prejudice; 12 2. The Clerk of the Court is directed to serve a non-prisoner application to proceed in forma 13 pauperis on Plaintiff; 14 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 15 attached application to proceed in forma pauperis for a non-prisoner, completed and 16 signed, or in the alternative, pay the $400.00 filing fee for this action; and 17 4. The failure to comply with this order will result in dismissal of this action without 18 prejudice. 19 IT IS SO ORDERED. 20 21 Dated: March 3, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28