Guzman v. Ahlin

Filing 9

ORDER granting 5 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 5/29/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILBERT GUZMAN,

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Plaintiff,

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vs.
PAM AHLIN,
Defendant.

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1:15-cv-00786-BAM (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 2)

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

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Plaintiff initiated this action on March 5, 2015, in the Sacramento Division of the Eastern

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District of California. In conjunction with his complaint, Plaintiff filed an application to proceed

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in forma pauperis. (ECF No. 2.) Following review of his application, the court ordered Plaintiff

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to submit a completed affidavit in support of his request to proceed in forma pauperis, along with

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a certified copy of his prison trust account statement. (ECF No. 4.)

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In response to the Court’s order, on March 23, 2015, Plaintiff submitted an application to
proceed in forma pauperis by a prisoner. (ECF No. 5.)

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On May 22, 2015, the action was transferred to this Court. (ECF No. 7.)

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As Plaintiff is a civil detainee, not a prisoner within the meaning of the PLRA, he need

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not file a prisoner application to proceed in forma pauperis or a copy of any prison trust account

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statement. Accordingly, the Court has reviewed Plaintiff’s original application to proceed in

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forma pauperis filed on March 5, 2015. Examination of these documents reveals that Plaintiff is

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unable to afford the costs of this action. Therefore, the application to proceed in forma pauperis

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is GRANTED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 29, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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