Herrera
Herrera v. Price
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUBEN HERRERA, 1:21-cv-01070-HBK Plaintiff,
ORDER GRANTING PLAINTIFF’S MOTION
v. TO PROCEED IN FORMA PAUPERIS
BRANDON PRICE, et al (Doc. No. 2) Defendants. 16 17 Plaintiff Ruben Herrera, civilly detained at Coalinga State Hospital, is proceeding pro se in a civil rights action under 42 U.S.C. § 1983. (Doc. No. 1). Pending before the Court is Plaintiff’s motion to proceed in forma pauperis, filed July 8, 2021. (Doc. No. 2, “Motion”). Plaintiff submitted his motion on the application intended for prisoners. (Id.). However, individuals detained at Coalinga State Hospital pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Nonetheless, based upon Plaintiff’s statements to the questions on the application provided under penalty of perjury, the Court finds…