(PC) Drake v. Clendenin
ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Erica P. Grosjean on 9/15/2022. (Attachments: # 1 IFP Motion) (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:22-cv-01165-EPG (PC)
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
(ECF No. 2)
Plaintiff appears to be a civil detainee.1 Plaintiff is proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.
On September 13, 2022, Plaintiff submitted an application to proceed in forma pauperis.
(ECF No. 2). Examination of Plaintiff’s application reveals that Plaintiff is unable to afford the
costs of this action. Accordingly, Plaintiff’s application to proceed in forma pauperis is
IT IS SO ORDERED.
September 15, 2022
UNITED STATES MAGISTRATE JUDGE
Plaintiff appears to allege that he was recently in the custody of the Department of State Hospitals. (ECF
No. 1, p. 4). While Plaintiff is currently incarcerated in Fresno County Jail, Plaintiff alleges that on April 6, 2022, he
was declared incompetent to stand trial (ECF No. 1, p. 4). Plaintiff further alleges that he is supposed to be
transferred to the Department of State Hospitals for treatment, but thus far he has not been transferred. (Id. at 3, 5, &
8). While not deciding the issue at this time, given Plaintiff’s allegations, the Court will treat Plaintiff as a civil
detainee for the limited purpose of resolving Plaintiff’s pending application.
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