(PC) Kendrid v. Singh ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST KENDRID, No. 2:19-CV-1944-JAM-DMC 12 Plaintiff, 13 v. ORDER 14 KARANDEEP SINGH, 15 Defendant. 16 17 Plaintiff, a civil detainee proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. On January 8, 2020, the Court granted plaintiff’s request to proceed in forma 19 pauperis and directed monthly payments be made from plaintiff’s prison account. See ECF No. 20 13. However, following the January 8, 2020 order, the Court recognized it had made a clerical 21 error in referring to plaintiff as a “prisoner” instead of a “civil detainee.” See ECF No. 17. Since 22 plaintiff is not in fact a prisoner, the related provisions of the Prison Litigation Reform Act 23 (PLRA) are inapplicable, and plaintiff is not required to make monthly payments. See 28 U.S.C. 24 § 1915; also Page v. Torrey, 201 F.3d 1136, 1138-40 (9th Cir. 2000). Additionally, the Court 25 notes that plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that 26 plaintiff is unable to prepay fees and costs or give security therefor. 27 / / / 28 / / / MADe SADE EMT PAINT IVING UO OI ete OY ev 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Court’s January 8, 2020, order directing monthly payments from □□□□□□□□□□□ 3 | prison account (ECF No. 13) shall be vacated; 4 2. Plaintiffs motion for leave to proceed in forma pauperis (ECF No. 11) is 5 | nonetheless granted; 6 3. Plaintiff's motions for reconsideration (ECF Nos. 18 and 19) of the Court’s 7 | January 8, 2020, order are denied as moot. 8 9 10 | Dated: July 21, 2020 Ssvcqo_ M DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28