Koch v. Coalinga State Hospital

Filing 4

ORDER To Submit A Non-Prisoner Application To Proceed In Forma Pauperis Or Pay The $400.00 Filing Fee Within Thirty Days, signed by Magistrate Judge Barbara A. McAuliffe on 12/8/2014. (Motion for IFP due by 1/12/2015) (Attachments: # 1 IFP Application)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:14-cv-01861 BAM

ROLAND THOMAS KOCH,

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

v.
COALINGA STATE HOSPITAL,

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Defendant.

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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 initiated this action on November 24, 2014. Plaintiff has neither paid the $400.00

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filing fee nor submitted an application to proceed in forma pauperis on the appropriate form

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pursuant to 28 U.S.C. §1915.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk’s Office shall send to plaintiff an application to proceed in forma pauperis

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for a non-prisoner;
2. Within thirty days of the date of service of this order, plaintiff shall submit the

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completed and signed application to proceed in forma pauperis for a non-prisoner, or in the

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alternative, pay the $400.00 filing fee for this action; and

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3.
Failure to comply with this order will result in dismissal of this action.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 8, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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