Consiglio v. King

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 7/1/15. (Attachments: # 1 IFP Application)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00969-BAM (PC)

SAM CONSIGLIO, JR.,

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Plaintiff,

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v.

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

AUDREY KING,

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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 June 26, 2015. Plaintiff has neither paid the $400.00 filing

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

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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;

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 1, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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