(PS) Tanksley v. Elica Health Center ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MOODY WOODROW TANKSLEY, No. 2:20–cv–1850–KJM–KJN (PS) 12 Plaintiff, ORDER 13 v. (ECF No. 1) 14 ELICA HEALTH CENTER, et al., 15 Defendants. 16 17 On September 14, 2020, plaintiff filed his complaint, which was labeled a “prisoner civil 18 rights case.” (ECF No. 1.) However, upon review the clerk of the court noted the case did not 19 concern conditions of confinement, and noted plaintiff was not currently incarcerated. Thus, the 20 case was reclassified as a civil pro se case.1 (See ECF No. 2.) 21 The court notes that plaintiff has not paid the filing fee for this case. Presently, a filing fee 22 of $400.00 is required to commence a civil action in this court. Alternatively, if plaintiff believes 23 he is unable to pay this fee due to indigency, he may submit an application to proceed in forma 24 pauperis, which the court will review pursuant to 28 U.S.C. § 1915 (authorizing the 25 commencement of an action “without prepayment of fees or security” by a person that is unable 26 to pay such fees). 27 28 1 This matter was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21). wOASe 2 EUV LOUUT INIT IN RATIO PO LOPE ove 1 Additionally, when deciding whether to pay the fee or file for in forma pauperis status, 2 | plaintiff should consider the reach of 42 U.S.C. Section 1983. It appears from the facts asserted 3 | that plaintiff is attempting to lodge a complaint against four employees of Elica Health Centers, a 4 | private institution. (See ECF No. 1 at 3.) To state a claim for relief in an action brought under 5 | Section 1983, plaintiff must establish that “the alleged deprivation was committed under color of 6 | state law.” See Heineke v. Santa Clara Univ., 965 F.3d 1009, 1012 (9th Cir. 2020) (quoting Am. 7 | Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999)). Section 1983 “excludes from its 8 | reach merely private conduct, no matter how discriminatory or wrong.” Id. Plaintiff should 9 | consider the state of the law for Section 1983 when deciding whether to move forward with his 10 | claim. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Within 14 days of this order, plaintiff shall either: 13 a. Pay the $400 filing fee, or 14 b. Submit an application to proceed in forma pauperis; 15 2. The clerk of the court is directed to include an IFP form when serving plaintiff with 16 this order; and 17 3. Plaintiff is informed that a failure to timely pay the filing fee, or timely submission of 18 the IFP application, may result in dismissal of the action pursuant to Federal Rule of 19 Civil Procedure 41(b). 20 | Dated: September 18, 2020 Aectl Aharon 22 KENDALL J. NE tank 1853 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28