(PC) Felix v. Clandenin ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT EMERSON FELIX, Case No. 1:23-cv-00839-BAM (PC) 12 Plaintiff, ORDER TO SUBMIT NON-PRISONER APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS OR PAY FILING FEE 14 STEPHANIE CLANDENIN, et al., THIRTY (30) DAY DEADLINE 15 Defendants. 16 17 Plaintiff Scott Emerson Felix (“Plaintiff”) is a civil detainee proceeding pro se in this civil 18 rights action under 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and 19 Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the 20 Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 21 Plaintiff has not paid the $402.00 filing fee or submitted an application to proceed in 22 forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915. 23 Accordingly, IT IS HEREBY ORDERED as follows: 24 1. The Clerk of the Court shall send to Plaintiff the attached non-prisoner application to 25 proceed in forma pauperis; 26 2. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 27 attached application to proceed in forma pauperis for a non-prisoner, completed and 28 signed, or in the alternative, pay the $402.00 filing fee for this action; and 1 3. Plaintiff is warned that the failure to comply with this order will result in 2 dismissal of this action, without prejudice. 3 IT IS SO ORDERED. 4 5 Dated: June 5, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28