Cranford v. King et al

Filing 5

ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE $400.00 FILING FEE signed by Magistrate Judge Gary S. Austin on 2/5/2015. (Motion for IFP due by 3/10/2015). (Attachments: # 1 IFP Application) (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:15-cv-00118-GSA (PC) ARCHIE CRANFORD, Plaintiff, ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE $400.00 FILING FEE WITHIN THIRTY DAYS v. AUDREY KING, et al., 16 Defendants. 17 18 19 Plaintiff is a civil detainee proceeding pro se in this 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 20 Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 21 On January 23, 2015, Plaintiff filed the Complaint commencing this action, together with 22 23 24 25 26 27 an application to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. However, the application to proceed in forma pauperis was submitted on the form for a prisoner. Plaintiff shall be allowed time to submit an application on the appropriate form for a non-prisoner. Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk=s Office shall send to plaintiff the attached form for application to proceed in forma pauperis for a non-prisoner; 28 1 2. 1 2 3 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. 4 5 6 7 IT IS SO ORDERED. Dated: February 5, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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