McClellan v. Kern County Sheriff et al

Filing 3

ORDER signed by Judge Lawrence J. O'Neill on 5/1/06 ORDERING plaintiff shall submit a completed application to proceed in forma pauperis for a non-prisoner, or in the alternative, pay the $350.00 filing fee for this action by 6/2/2006. (Carter-Ford, R)

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(DLB) (PC) McClellan v. Kern County Sheriff et al Doc. 3 Case 1:06-cv-00448-LJO-NEW Document 3 Filed 05/01/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 vs. 14 MACK WIMBISH, et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 1 / Plaintiff has filed a civil rights action pursuant to 42 U.S.C. 1983. Plaintiff is presently confined at Atascadero State Hospital. Individuals detained pursuant to California Welfare and Institutions Code 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Accordingly, the court will send plaintiff an application by a non-prisoner to proceed in forma pauperis used in regular civil actions. Plaintiff will be provided the opportunity to submit an application to proceed in forma pauperis by a non-prisoner, or pay the $350.00 filing fee. Accordingly, IT IS HEREBY ORDERED that: ORDER TO SUBMIT NEW APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE RICKIE LAYNE McCLELLAN, Plaintiff, 1:06-CV-0448 AWI LJO P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:06-cv-00448-LJO-NEW Document 3 Filed 05/01/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. The Clerk's Office shall send to plaintiff the form for application to proceed in forma pauperis for a non-prisoner; 2. Within thirty (30) days of the date of service of this order, plaintiff shall submit a completed application to proceed in forma pauperis for a non-prisoner, or in the alternative, pay the $350.00 filing fee for this action. Failure to comply with this order will result in a recommendation that this action be dismissed. IT IS SO ORDERED. Dated: i0d3h8 May 1, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE 2

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