Page
Page v. Torrey
Opinion
Lead Opinion
Pregerson, J.
These consolidated appeals arise from the District Courts’ denials of Plaintiff Sammy L. Page’s application to file his two 42 U.S.C. § 1983 civil rights actions in forma pauperis. In each case, the District Court agreed with the Magistrate Judge’s recommendation that Page’s application to proceed in forma pauperis be denied because Page failed to comply with the finan-' cial reporting and exhaustion requirements of the Prison Litigation Reform Act (“PLRA”). See 42 U.S.C. § 1997e(a); 28 U.S.C. § 1915 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Before this court, Page and amicus curiae the State of California agree that Page, who is civilly committed under California’s Sexually Violent Predators Act, see Cal. Welf. & Inst. Code §§ 6600-6609.3 , is not a “prisoner” within the meaning of the PLRA. Because we agree with this interpretation of the PLRA, we reverse.
FACTS AND PRIOR PROCEEDINGS
Since January 21, 1998, Page has been civilly committed to Atascadero State Hospital (“Hospital”) for care and treatment under California’s Sexually Violent Predators Act. 3 Page’s civil commitment began after he completed his prison term.
*1138 On August 4, 1998, Page lodged a…