Ma

(PC) Hill v. Ma

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20242:24-cv-02799California1,814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON V. HILL, No. 2:24-cv-2799 CSK P Plaintiff, v. ORDER JONATHAN MA, Defendant. 16 Plaintiff is a civil detainee proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On October 24, 2024, plaintiff filed a motion for reconsideration of the Court’s order requiring him to file an application to proceed in forma pauperis by a prisoner, confirming that he is not a prisoner, but rather a civil detainee. Individuals detained pursuant to California Welfare and Institutions Code §§ 6600 et seq. are civil detainees, not prisoners within the meaning of the Prison Litigation Reform Act (“PLRA”), and thus are not required to pay the court’s filing fee under 28 U.S.C. § 1915A. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Upon…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.