Herrera v. Ahlin et al

Filing 4

ORDER to SUBMIT a Non-Prisoner Application to Proceed In Forma Pauperis or Pay the $400.00 Filing Fee Within Thirty (30) Days signed by Magistrate Judge Gary S. Austin on 2/6/2014. (Attachments: # 1 Non-Prisoner IFP Application). (Jessen, A)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 RUBEN HERRERA, 7 Plaintiff, 8 9 v. PAM AHLIN, et al., 10 1:14-cv-00164-GSA (PC) ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE $400.00 FILING FEE WITHIN THIRTY DAYS Defendants. 11 12 13 Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. ' 1983.1 Plaintiff filed the Complaint commencing this action on February 6, 2014, together with an application to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. (Docs. 1, 2.) 14 However, the application submitted by plaintiff is not on the appropriate form for a non-prisoner. 15 Accordingly, IT IS HEREBY ORDERED that: 16 17 1. proceed in forma pauperis for a non-prisoner; 18 19 20 21 The Clerk=s Office shall send to plaintiff the attached form for application to 2. Within thirty days of the date of service of this order, plaintiff shall submit the completed and signed application to proceed in forma pauperis for a non-prisoner, or in the alternative, pay the $400.00 filing fee for this action. Failure to comply with this order will result in dismissal of this action. 22 23 IT IS SO ORDERED. 24 Dated: February 6, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 25 26 27 1 28 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). 1

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