(PC) Felix v. State of California ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 SCOTT EMERSON FELIX, 1:24-cv-00014-EPG (PC) 9 Plaintiff, ORDER TO SUBMIT A 10 v. NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS 11 STATE OF CALIFORNIA, et al. OR PAY THE $405.00 FILING FEE WITHIN THIRTY DAYS 12 Defendant. 13 Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. 14 § 1983. Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. 15 are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. 16 Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Plaintiff has not paid the $405.00 filing fee 17 or submitted an application to proceed in forma pauperis on the appropriate form pursuant to 28 18 U.S.C. § 1915. 19 Accordingly, IT IS ORDERED that: 20 1. The Clerk’s Office shall send to Plaintiff the attached form for application to 21 proceed in forma pauperis for a non-prisoner; 22 2. Within thirty days of the date of service of this order, Plaintiff shall submit the 23 completed and signed application to proceed in forma pauperis for a non-prisoner, or in the 24 alternative, pay the $405.00 filing fee for this action. 25 \\\ 26 \\\ 27 \\\ \\\ Failure to comply with this order will result in dismissal of this action. 1 2 | IT IS SO ORDERED. * | Dated: _ January 8, 2024 [ye hey — 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28