Carroll v. Price

Filing 4

ORDER to submit a Non-Prisoner IFP Application or pay the $400.00 filing fee signed by Magistrate Judge Barbara A. McAuliffe on 10/3/2017. (Motion for IFP due by 11/6/2017). (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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RONALD J. CARROLL,

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Plaintiff,
v.

Case No. 1:17-cv-01312-BAM (PC)
ORDER TO SUBMIT A NON-PRISONER
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY THE $400.00 FILING
FEE WITHIN THIRTY DAYS

BRANDON PRICE,
Defendant.

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Plaintiff Ronald J. Carroll (“Plaintiff”) is a civil detainee appearing pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare

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

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of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).

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Plaintiff initiated this action on October 2, 2017. 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 (30) 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
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alternative, pay the $400.00 filing fee for this action; and
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

October 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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