De Cases v. The State Department of Mental Health, et al.

Filing 5

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 11/15/2011. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RODRIGO DE CASES, Plaintiff, 9 10 1:11-cv-01813-MJS-(PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. (ECF No. 2) 11 THE STATE DEPARTMENT OF MENTAL HEALTH, et al., 12 13 Defendants. ___________________________________/ 14 Plaintiff Rodrigo De Cases (“Plaintiff”) is a civil detainee proceeding pro se in a civil 15 rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California 16 Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners 17 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 18 1140 (9th Cir. 2000) 19 In the instant action, Plaintiff filed an application to proceed in forma pauperis. (ECF 20 No. 2.) 21 Examination of these documents reveals that Plaintiff is unable to afford the costs of 22 this action. Accordingly, the motion to proceed in forma pauperis is GRANTED. 23 24 25 IT IS SO ORDERED. 26 27 Dated: ci4d6 November 15, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 28 -1-

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