Price

(PC) Russ v. Price

Good Law
United States District Court, Eastern District of CaliforniaDecember 4, 20241:24-cv-01466California415 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ROY RUSS, 1:24-cv-01466-CDB (PC)

Plaintiff,

ORDER TO SUBMIT APPLICATION

v. TO PROCEED IN FORMA PAUPERIS

OR PAY FILING FEE WITHIN 45 DAYS

BRANDON PRICE, et al. Defendants.

Plaintiff Roy Russ is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff did not pay the $405.00 filing fee or submit an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Instead, Plaintiff filed a motion for leave to proceed in forma pauperis (“IFP”) on December 3, 2024. (Doc. 2). Therein, Plaintiff avers that he is not a prisoner within the definition of 28 U.S.C. § 1915(h) as the “sole purpose for [Plaintiff’s] custody is civil detention during a pending mental health screening.” (Id. at 1). Plaintiff contends that he is not subject to the financial reporting and exhaustion requirements of the Prison Litigation Reform Act (“PLRA”). (Id. at 2); see Page v. Torrey, 201 F.3d…

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