Hill v. Tyler ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CYMEYON V. HILL, 7 Case No. 20-cv-04797-YGR (PR) Plaintiff, 8 Vv. ORDER OF DISMISSAL WITHOUT 9 PREJUDICE M. TYLER, et al., 10 Defendants. 11 a 12 On July 17, 2020, Plaintiff, a civil detainee, filed the present pro se civil rights complaint |] under 42 U.S.C. § 1983. v 14 In an Order dated August 6, 2020, the Court noted that because Plaintiff is a civil detainee, © 15 || then he is not a “prisoner” subject to the provisions of the Prisoner Litigation Reform Act. Dkt. 6 a 16 at 2 (citing Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000)). Thus, the Court directed = 17 || Plaintiff to file a non-prisoner application for leave to proceed in forma pauperis (“IFP”). The 18 || Court informed Plaintiff that his action could not go forward until he paid the filing fee or filed a 19 || completed non-prisoner IFP application. The Court directed the Clerk of the Court to send 20 || Plaintiff a blank non-prisoner IFP application, and it warned Plaintiff that he must pay the fee or 21 || return the completed application within twenty-eight days or his action would be dismissed. More 22 || than twenty-eight days have passed, and Plaintiff has not paid the filing fee, returned the non- 23 || prisoner IFP application, or otherwise communicated with the Court. 24 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall 25 || terminate all pending motions and close the file. 26 IT IS SO ORDERED. 27 Dated: September 29, 2020 ONNE GONZALEZ ROGERS 28 nited States District Judge