Scurlock v. Ahlin

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 3/21/15 ORDERING that Plaintiffs request for leave to proceed in forma pauperis 2 is denied without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and within 30 days from the date of this order, plaintiff shall either pay the required filing fee or else submit a completed application to proceed in forma pauperis. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN SCURLOCK,

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No. 2:15-cv-0525 DAD P

Plaintiff,
v.

ORDER

PAM AHLIN,
Defendant.

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Plaintiff, a civil detainee at Coalinga State Hospital proceeding pro se, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983, together with an application for leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for

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leave to proceed in forma pauperis on the appropriate form utilized by this district. Plaintiff

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correctly asserts in his filed application (ECF No. 2) that, as a civil detainee, he is not subject to

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the Prison Litigation Reform Act’s financial reporting requirements. See Page v. Torrey, 201

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F.3d 1136 (9th Cir. 2000). Nevertheless, plaintiff is still required to either pay the appropriate

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filing fee ($350.00 plus $50.00 administrative fee) or else be granted leave by the court to

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proceed in forma pauperis. If plaintiff wishes to proceed in forma pauperis, he is required to

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complete this district’s form application so that his ability to pay the required filing fee may be

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properly evaluated. Accordingly, plaintiff’s application will be denied and he will be provided

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the opportunity to submit the application on the appropriate form.
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In accordance with the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 9, 2015 request for leave to proceed in forma pauperis (ECF No. 2) is

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denied without prejudice;
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
3. Within thirty days from the date of this order, plaintiff shall either pay the required

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filing fee or else submit a completed application to proceed in forma pauperis. If plaintiff

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chooses the latter option, he neither need ensure that the certificate portion of the application is

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completed nor submit a certified copy of his prisoner trust fund account statement for the past six

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months. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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Dated: March 21, 2015

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DAD:10
scur0525.3d

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