(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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 RUBEN HERRERA, 11 12 13 Plaintiff, v. BRANDON PRICE, et al., 14 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 15 16 17 18 19 20 21 22 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: 1. The Clerk’s Office shall send Plaintiff the attached application to proceed in forma pauperis for a non-prisoner; and 2. Within thirty days of the date of service of this order, Plaintiff shall submit the 23 completed and signed application to proceed in forma pauperis for a non-prisoner, or in the 24 alternative, pay the $400.00 filing fee for this action. 25 \\\ 26 \\\ 27 1 28 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). 1 1 Failure to comply with this order may result in dismissal of this action. 2 3 IT IS SO ORDERED. 4 Dated: October 10, 2019 /s/ 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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