Gary v. Kincaid et al

Filing 12

ORDER granting 11 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 6/12/2018. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

REGINALD A. GARY,

12

Plaintiff,

13

v.

14

KINCAID, et al.,

15

Case No. 1:18-cv-00612-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS AS A
NON-PRISONER
(ECF No. 11)

Defendant.

16
17

Plaintiff Reginald A. Gary (“Plaintiff”) is a civil detainee appearing pro se in this civil

18

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

19

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

20

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

21

Plaintiff initiated this action on April 26, 2018 in the United States District Court for the

22

Central District of California. The action was transferred to the Eastern District on May 4, 2018.

23

On May 4, 2018, the Court issued an order directing Plaintiff to either pay the $400.00 filing fee

24

or submit a non-prisoner application to proceed in forma pauperis. (ECF No. 6.) On May 29,

25

2018, Plaintiff filed a motion to proceed in forma pauperis as a non-prisoner. (ECF No. 9.) The

26

Court denied the motion without prejudice on June 1, 2018, due to Plaintiff’s failure to describe

27

the source and amounts of “other income” received over the past twelve months, and whether

28

Plaintiff expected to receive additional amounts. (ECF No. 10.)
1

1
2

Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis as a
non-prisoner, filed June 8, 2018. (ECF No. 11.)

3

Examination of these documents reveals that Plaintiff is unable to afford the costs of this

4

action. Accordingly, the motion to proceed in forma pauperis as a non-prisoner, (ECF No. 11) is

5

GRANTED.

6
7
8

IT IS SO ORDERED.
Dated:

/s/ Barbara

June 12, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2