Barbour v. Allenby et al

Filing 9

ORDER to Submit Non-Prisoner Application to Proceed In Forma Pauperis or Pay the $400.00 Filing Fee within Thirty Days signed by Magistrate Judge Michael J. Seng on 11/04/2014. Motion for IFP due by 12/8/2014. (Attachments: # 1 IFP Application Form)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BARBOUR,

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Plaintiff,
v.
CLIFF ALLENBY, et al.,

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1:14-cv-01696-MJS (PC)
ORDER TO SUBMIT A
NON-PRISONER APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY THE $400.00 FILING FEE
WITHIN THIRTY DAYS

Defendant.

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Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C.
' 1983. 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.

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Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).

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Plaintiff has not paid the $400.00 filing fee, or submitted an application to proceed in
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forma pauperis on the appropriate form pursuant to 28 U.S.C. ' 1915. Accordingly, IT IS
HEREBY ORDERED that:
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The Clerk=s Office shall send to plaintiff the attached form for application to

proceed in forma pauperis for a non-prisoner;
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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
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result in dismissal of this action.
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IT IS SO ORDERED.

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Dated:

November 4, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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