(PC) Burruel v. Bonta ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL BURRUEL, III, Case No. 1:22-cv-00116-EPG (PC) 12 Plaintiff, ORDER FOR PLAINTIFF TO SUBMIT 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A NON-PRISONER OR PAY 14 ROB BONTA, FILING FEE WITHIN 45 DAYS 15 Defendant. 16 17 Plaintiff is a civil detainee proceeding pro se in this case. Plaintiff submitted a one 18 paragraph document titled application to proceed in district court without prepayment of fees or 19 costs. (ECF No. 2). In his application Plaintiff states that he is not a prisoner and thus is not 20 subject to financial reporting requirements. 21 While Plaintiff may not be a prisoner, if he wants to proceed in forma pauperis in this 22 action, he must make a showing that he is unable to pay the filing fee. See, e.g., Corral v. 23 California Highway Patrol, 2021 WL 2268877, at *1 (E.D. Cal. June 3, 2021) (“The court may 24 authorize the commencement of an action ‘without prepayment of fees...by a person who submits 25 an affidavit’ showing that he is unable to pay such fees”) (citing 28 U.S.C. § 1915(a)), report and 26 recommendation adopted, 2021 WL 3488309 (E.D. Cal. Aug. 9, 2021). Plaintiff has not made 27 such a showing. 28 Therefore, the Court will direct Plaintiff to file an Application to Proceed in District Court 1 | Without Prepaying Fees or Costs (Short Form). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Clerk of Court is directed to send Plaintiff an Application to Proceed in 4 District Court Without Prepaying Fees or Costs (Short Form). 5 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall 6 submit the attached application to proceed in forma pauperis, completed and 7 signed, or in the alternative, pay the $402.00 filing fee for this action. 8 3. No requests for extension will be granted without a showing of good cause. 9 Failure to comply with this order will result in dismissal of this action. 10 IT IS SO ORDERED. 11 12 | Dated: _ January 28, 2022 [sJee— heey UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28