(PC) Griffin v. Price ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER LAWRENCE GRIFFIN, Case No. 1:21-cv-01518-BAM (PC) 12 Plaintiff, ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS OR PAY THE $402.00 FILING FEE 14 PRICE, THIRTY (30) DAY DEADLINE 15 Defendant. 16 17 Plaintiff Dexter Lawrence Griffin (“Plaintiff”) is a civil detainee appearing pro se in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California 19 Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the 20 meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 21 2000). 22 Plaintiff has neither paid the $402.00 filing fee nor submitted an application to proceed in 23 forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915. While Plaintiff did submit 24 a motion for leave to proceed in forma pauperis with his complaint, the application is the one 25 used by a prisoner. (ECF No. 2.) 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Clerk’s Office shall send to Plaintiff the attached application to proceed in forma 28 pauperis for a non-prisoner; 1 2. Within thirty (30) days of the date of service of this order, Plaintiff shall submit the 2 completed and signed application to proceed in forma pauperis for a non-prisoner, or in the 3 alternative, pay the $402.00 filing fee for this action; and 4 3. Failure to comply with this order will result in dismissal of this action. 5 IT IS SO ORDERED. 6 7 Dated: October 15, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28