(PC) Neill v. Department of State Hospitals

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PATRICK MICHAEL NEILL Case No. 1:22-cv-01010-SAB (PC)

Plaintiff, ORDER TO SUBMIT A NON-PRISONER

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS OR PAY THE $402.00 FILING

FEE

DEPT. OF STATE HOSPITALS, et al.,

Defendants.

15 Plaintiff Dexter Lawrence Griffin (“Plaintiff”) is a civil detainee appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained 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). Plaintiff has neither paid the $402.00 filing fee nor submitted an application to proceed in forma pauperis on the appropriate form pursuant to 28 U.S.C. § 1915. While Plaintiff did submit a motion for leave to proceed in forma pauperis with his complaint, the application is the one used by a prisoner. (ECF No. 2.) Accordingly, IT IS HEREBY ORDERED that: 26 …