(PC) Herrera v. Price

Filing 3

ORDER for Plaintiff to Submit a Non-Prisoner Application to Proceed In Forma Pauperis or Pay the $400.00 Filing Fee signed by Magistrate Judge Erica P. Grosjean on 10/10/2019. Thirty-Day Deadline. (Attachments: #1 IFP Application Form)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUBEN HERRERA,

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Plaintiff,
v.
BRANDON PRICE, et al.,

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Defendants.

Case No. 1:19-cv-01405-EPG (PC)
ORDER FOR PLAINTIFF TO SUBMIT A
NON-PRISONER APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY THE $400.00 FILING FEE
THIRTY-DAY DEADLINE

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Plaintiff is a civil detainee1 proceeding pro se in this civil rights action filed pursuant to 42
U.S.C. § 1983.
Plaintiff has not paid the $400.00 filing fee or submitted an application to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915. Accordingly, IT IS HEREBY ORDERED that:
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The Clerk’s Office shall send Plaintiff the attached application to proceed in forma

pauperis for a non-prisoner; and
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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.

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Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees
and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140
(9th Cir. 2000).
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Failure to comply with this order may result in dismissal of this action.

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IT IS SO ORDERED.

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Dated:

October 10, 2019

/s/

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UNITED STATES MAGISTRATE JUDGE

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