(PC)Hill

(PC)Hill v. Rios

Good Law
United States District Court, Eastern District of CaliforniaSeptember 24, 20192:18-cv-03224California746 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON HILL, No. 2:18-cv-3224-EFB P Plaintiff, v. ORDER RIOS, et al., Defendants. 16 Plaintiff, a civil detainee, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. The court granted his application to proceed in forma pauperis, directed that monthly payments be made from his prison account, and dismissed his complaint with leave to amend after finding that it failed to include a request for relief. ECF Nos. 10 & 11. Plaintiff has now submitted a motion for reconsideration (of the court’s initial screening order) and to vacate order for filing fees. ECF No. 13. For the reasons stated hereafter, the motion is granted in part and the order collecting filing fees is vacated. Filing Fees Plaintiff has informed the court that he is a civil detainee. ECF No. 15 at 1. A civil detainee is not a “prisoner” within the meaning of 28 U.S.C. § 1915(h) and 42…

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