Philpott v. King et al

Filing 7

ORDER to Submit a New 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 11/20/2014. (Attachments: # 1 IFP Application). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01766-GSA (PC)

STEVEN PHILPOTT,
Plaintiff,

ORDER TO SUBMIT A NEW
NON-PRISONER APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY THE $400.00 FILING FEE
WITHIN THIRTY DAYS

v.
AUDREY KING, et al.,

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Defendants.

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

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' 1983. Individuals detained pursuant to California Welfare and Institutions Code ' 6600 et seq.

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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 filed the Complaint commencing this action on October 6, 2014, together with an

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application to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. (Docs. 1, 2.) However,

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Plaintiff’s application to proceed in forma pauperis was not submitted on the form used by this

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court. Plaintiff shall be granted time to complete the proper form and return it to the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk=s Office shall send to plaintiff a form for application to proceed in forma

pauperis for a non-prisoner; and
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2.
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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
result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

November 20, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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