Jeys v. King, et al.

Filing 3

ORDER to submit a non-prisoner IFP Application or pay filing fee signed by Magistrate Judge Barbara A. McAuliffe on 12/28/2016. Motion for IFP due by 1/31/2017. (Attachments: # 1 IFP Application). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CATHELL DAVID JEYS,

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Plaintiff,

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v.

Case No. 1:16-cv-01913-BAM (PC)
ORDER TO SUBMIT A NON-PRISONER
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY THE $400.00 FILING
FEE WITHIN THIRTY DAYS

AUDRY KING, et al.,
THIRTY (30) DAY DEADLINE

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Defendants.

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Plaintiff Cathell David Jeys (“Plaintiff”) is a civil detainee proceeding pro se in this civil

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rights action under 42 U.S.C. § 1983. Individuals detained under California Welfare and

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Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the

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Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
Plaintiff has not paid the $400.00 filing fee, or submitted an application to proceed in

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forma pauperis in this matter, as required by 28 U.S.C. § 1915. Accordingly, the Court HEREBY

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ORDERS that:
1. The Clerk’s Office shall send to Plaintiff the attached form for application to proceed

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in forma pauperis for a non-prisoner;

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2. Within thirty (30) 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

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in the 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

December 28, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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