(PC) Hill v. Kennedy
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CYMEYON HILL, No. 2:19-cv-2148-MCE-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
L. MONTOYA KENNEDY, Defendant. 15 Plaintiff, a civil detainee, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. He has filed an application for leave to proceed in forma pauperis. Application for Leave to Proceed in Forma Pauperis Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis is granted. Because plaintiff is a civil detainee, and therefore not a prisoner within the meaning of the Prison Litigation Reform Act, he is 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). Screening Requirement Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at any…