(PC) Owens v. Clendenin ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY OWENS, 1:23-cv-01056-EPG (PC) 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 STEPHANIE CLENDENIN, et al., (ECF No. 2). 15 Defendant. 16 17 Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. 18 § 1983.1 On August 10, 2022, Plaintiff submitted an application to proceed in forma pauperis. 19 (ECF No. 2). The Court has reviewed the application and Plaintiff has made the requisite showing 20 under 28 U.S.C. § 1915(a). 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 1 According to Plaintiff’s complaint, Plaintiff is currently housed at Department of State Hospitals—Coalinga 27 pursuant to California Welfare and Institution Code § 6600 et seq. (ECF No. 1, p. 1). Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning 28 of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). eee ee eee IEE OE OD ccordingly, at Plaintiff’s application to proceed in forma 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff's application to proceed 2 | pauperis is GRANTED. 3 IT IS SO ORDERED. 4 5] Dated: _ July 17, 2023 [see hey 6 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 \ , 4ct As to the status of the complaint, Plaintiff is advised that pursuant to 28 U.S.C. § 1915(e)(2), the Court must conduct an initial review of a pro se complaint filed in forma pauperis to determine whether it is legally sufficient 5 P Pp paup gaily under the applicable pleading standards. The Court must dismiss a complaint, or portion thereof, if the Court determines that the complaint is legally frivolous or malicious, fails to state a claim upon which relief may be 26 Pp Bally Pp granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the Court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the 27 deficiencies in the complaint can be cured by amendment. The complaint will be screened in due course and Plaintiff 28 will be served with the resulting order.