(PC)Fletcher v. Clendenin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN FLETCHER, Case No. 1:22-cv-00249-BAM (PC) 12 Plaintiff, ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AS 13 v. MOOT (ECF No. 2) 14 CLENDENIN, et al., ORDER GRANTING MOTION TO 15 Defendants. PROCEED IN FORMA PAUPERIS BY A NON-PRISONER 16 (ECF No. 6) 17 18 Plaintiff Allan Fletcher (“Plaintiff”) is a civil detainee appearing pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and 20 Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the 21 Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 22 Plaintiff initiated this action on February 28, 2022, together with a motion to proceed in 23 forma pauperis by a prisoner. (ECF Nos. 1, 2.) On March 2, 2022, the Court issued an order for 24 Plaintiff to submit an application to proceed in forma pauperis for a non-prisoner, or to pay the 25 filing fee for this action. (ECF No. 4.) 26 Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis by 27 a non-prisoner, filed March 14, 2022. (ECF No. 6.) Examination of these documents reveals that 28 Plaintiff is unable to afford the costs of this action. 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff’s motion to proceed in forma pauperis by a prisoner, (ECF No. 2), is DENIED as 3 moot; 4 2. Plaintiff’s motion to proceed in forma pauperis by a non-prisoner, (ECF No. 6), is 5 GRANTED; and 6 3. Plaintiff’s complaint will be screened in due course. 7 IT IS SO ORDERED. 8 9 Dated: March 15, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28