(PC)Hill v. Sacramento County ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, No. 2:20-CV-1477-DMC 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY, 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 September 30, 2020, the Court granted Plaintiff’s request to proceed in 19 forma pauperis and directed monthly payments be made from Plaintiff’s prison account. See ECF 20 No. 7. However, the Court made a clerical error in referring to plaintiff as a “prisoner” instead of 21 a “civil detainee.” See ECF No. 7. Because Plaintiff is not in fact a prisoner, the related 22 provisions of the Prison Litigation Reform Act (PLRA) are inapplicable, and Plaintiff is not 23 required to make monthly payments. See 28 USCS § 1915; also Page v. Torrey, 201 F.3d 1136, 24 1138-40 (9th Cir. 2000). Additionally, the Court notes that Plaintiff has submitted the affidavit 25 required by 28 U.S.C. § 1915(a) showing that Plaintiff is unable to prepay fees and costs or give 26 security therefor. 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Court’s order directing monthly payments from Plaintiffs prison account 3 | (ECF No. 7) shall be vacated; and 4 2. Plaintiffs motion for leave to proceed in forma pauperis (ECF No. 5) is 5 | nonetheless granted. 6 7 | Dated: October 19, 2020 Ssvcqo_ 8 DENNIS M. COTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28